California, United States of America
The following excerpt is from Penza v. Brown, B278235 (Cal. App. 2018):
(1999) 75 Cal.App.4th 486, 496.) "Despite this broad discretion, the courts have long recognized that the terminating sanction is a drastic penalty that should be used sparingly." (Lopez v. Watchtower Bible and Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) "Dismissal is a proper sanction to punish the failure to comply with a rule or an order only if the court's authority cannot be vindicated through the imposition of a less severe alternative." (Rail Service of America v. State Comp. Ins. Fund (2003) 110 Cal.App.4th 323, 331.)
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