Can a court impose a sanction of dismissal on account of counsel's failure to obey a court order?

California, United States of America


The following excerpt is from Intel Corp. v. Usair, Inc., 228 Cal.App.3d 1559, 279 Cal.Rptr. 569 (Cal. App. 1991):

It is also significant that the restrictive provision in section 575.2, subdivision (b) is not repeated in the later enacted Government Code provision, which also deals with sanctions for a failure to obey court orders. The inference is that the restriction was not intended to apply to orders issued under the Government Code provision. (See Hennigan v. United Pacific Ins. Co. (1975) 53 Cal.App.3d 1, 8, 125 Cal.Rptr. 408 [fact that provision of statute on given subject is omitted from other statutes relating to similar subject indicates different legislative intent for each statute].) We therefore conclude that trial courts have discretionary authority to impose the sanction of dismissal on account of counsel's failure to comply [228 Cal.App.3d 1566] with local trial court delay reduction rules, if standards set forth in Government Code section 68609, subdivision (d) are satisfied. 6

Other Questions


What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
Can terminating sanctions be imposed for failure to comply with a prior order to pay monetary sanctions? (California, United States of America)
Does a court have jurisdiction to dismiss a dismissal sanction for failure to timely file a joint issue memorandum or other paper satisfying the fast-track rules? (California, United States of America)
Can an order of dismissal be reversed due to the failure to include the reasons for dismissal in the minutes of the trial court? (California, United States of America)
Is a court's order imposing sanctions against an attorney for failing to specify with particularity the basis for awarding sanctions? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
In a declaratory relief action, in what circumstances will the court order a judgment of dismissal rather than a declaration of dismissal? (California, United States of America)
How have courts dealt with situations where a successful litigant is ordered to withdraw funds from an escrowed account before any stay of judgment is ordered? (California, United States of America)
Does dismissal of an action for failure to comply with a court order violate the right to a jury trial? (California, United States of America)
When a judgment of divorce is not self-executing in respect of any division of property ordered, does the court have jurisdiction to make further orders to compel obedience to the order? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.