Can a terminating sanction be issued solely because of a failure to pay a discovery sanction?

As we have explained, a terminating sanction issued solely because of a failure to pay a monetary discovery sanction is never justified. Many of the cases we have cited (Midwife v. Bernal is a particularly good example) involve violations of orders and the discovery process far more egregious than anything suggested in the case before us. All have held the terminating sanction to be improper, and it is not surprising that real parties have failed to cite a single case that upholds that remedy in this situation.