What is the test for terminating sanctions when a party has been found in breach of a rule or order?

California, United States of America


The following excerpt is from Jang Kil Yi v. Joe, B294248 (Cal. App. 2019):

We do not disagree with appellants' summary of the relevant law. "Preventing parties from presenting their cases on the merits is a drastic measure; terminating sanctions should only be ordered when there has been previous noncompliance with a rule or order and it appears a less severe sanction would not be effective. [Citations.] Terminating sanctions should not be ordered as a first response when noncompliance is through no fault of the party." (Wantuch v. Davis (1995) 32 Cal.App.4th 786, 795.) We do disagree, however, that the trial court ran afoul of that law in this case.

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