Does a court have the authority to order expenses to defendant in a personal injury action for failing to attend a deposition?

California, United States of America


The following excerpt is from Snyder v. Superior Court, 89 Cal.Rptr. 534, 9 Cal.App.3d 579 (Cal. App. 1970):

The sole remaining question concerns the propriety of the order imposing sanctions against plaintiff in the form of expenses to defendant. Section 2034 subdivision (d) governs the matter of sanctions upon the wilful failure of a party to attend a deposition, providing in relevant part that the court may strike out pleadings, dismiss the action, enter judgment against the defaulting party, or 'impose such other penalties of a lesser nature as the court may deem just, and may order that party or his attorney to pay to the moving party the reasonable expenses in making such motion, including reasonable attorney's fees.' The court obviously acted within its power. The burden of establishing an abuse of the trial court's discretion is upon the plaintiff. (Weinkauf v. Superior Court (1966) 64 Cal.2d 662, 665, 51 Cal.Rptr. 100, 414 P.2d 36.)

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