Terminating Evidentiary Sanctions

Terminating Sanctions

What does Terminating Sanctions Mean?

Terminating sanctions means the Court grants a Motion to end a case early without trial due to misconduct by a party or their counsel, including during the discovery process. Misconduct can seem like a normal part of the litigation system with firms and parties using the discovery process to harass, abuse, hide or tamper with evidence.  Violations of court orders compelling discovery can make the process even more frustrating.  However, a Motion for Terminating Sanctions, including under the Court's "inherent" powers, can cause the Court to render a judgment by default against the party abusing the litigation process, so the case is over without trial. 

What are evidentiary sanctions?

A Motion requesting an evidentiary sanction can be filed for the opposing side or their counsel engaging in the misuse of the discovery process.  An evidentiary sanction can keep the other side from introducing evidence on specific matters because, for example, they failed to produce documents or hid the evidence for too long. 

What are grounds for terminating sanctions in California?

Code Civ. Proc., § 2023.030. Terminating sanctions should not be ordered lightly, but are justified where a violation is willful, preceded by a history of abuse, and there is evidence that less severe sanctions would not produce compliance with the discovery rules.

What is good cause for termination in California?

“Good cause” exists when the employer has a good faith business reason for discharging the employee, such as a layoff for economic reasons or termination of the employee for poor performance.

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