What is the legal test for abuse of discovery?
California, United States of America
The following excerpt is from Creed-21 v. City of Wildomar, 18 Cal.App.5th 690, 226 Cal.Rptr.3d 532 (Cal. App. 2017):
The trial court may order a terminating sanction for discovery abuse "after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts
[226 Cal.Rptr.3d 542]
to obtain the discovery." ( Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1246, 92 Cal.Rptr.2d 322.)
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