Can terminating sanctions be imposed for failure to comply with a prior order to pay monetary sanctions?

Alternatively, Alfredo argues that terminating sanctions cannot be imposed for failure to comply with a prior order to pay monetary sanctions. It has been held that "a terminating sanction issued solely because of a failure to pay a monetary discovery sanction is never justified." (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.) However, in this case the record reflects that terminating sanctions were not imposed on Alfredo solely because he failed to pay the monetary sanctions imposed on him in the orders of February 4, 2009, and May 22, 2009.

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