Can an attorney be sanctioned for refusing to comply with a discovery order?

California, United States of America


The following excerpt is from Bauguess v. Paine, 150 Cal.Rptr. 461, 22 Cal.3d 626, 586 P.2d 942 (Cal. 1978):

8 This court specifically disapproves Santandrea v. Siltec Corp., supra, 56 Cal.App.3d 525, 128 Cal.Rptr. 629 to the extent that it is inconsistent with this opinion.

1 Although the circumstances of this case are novel, they are not unlike those in a discovery situation when sanctions are imposed against an attorney who refuses or otherwise fails to comply with a discovery order. (See Code Civ.Proc., 2034.) An appeal does not lie from an order made for the purpose of furthering discovery or granting sanctions for refusal to make discovery. (See Lund v. Superior Court, supra, 61 Cal.2d 698, 709, 39 Cal.Rptr. 891, 394 P.2d 707; Friedberg v. Friedberg (1970) 9 Cal.App.3d 754, 764, 88 Cal.Rptr. 451.)

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