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):
" Code of Civil Procedure section 2025.450, subdivision (d) authorizes a trial court to impose an issue, evidence, or terminating sanction under Code of Civil Procedure section 2023.030 if a party or party-affiliated deponent fails to obey an order compelling attendance, testimony, and production. Section 2023.030 authorizes a trial court to impose monetary sanctions, issue sanctions, evidence sanctions, or terminating sanctions against anyone engaging in conduct that is a misuse of the discovery process. " ( Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991, 94 Cal.Rptr.3d 802 ( Doppes ).) Subdivision (d) of section 2023.030 provides, "The court may impose a terminating sanction by one of the following orders: [] (1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. [] (2) An order staying further proceedings by that party until an order for discovery is obeyed. [] (3) An order dismissing the action, or any part of the action, of that party. [] (4) An order rendering a judgment by default against that party."
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