What is the test for a drastic sanction of default in a personal injury case?
MultiRegion, United States of America
The following excerpt is from Bischoff v. Brittain, No. 2:14-cv-1970 KJM CKD (E.D. Cal. 2016):
Imposing the drastic sanction of default requires an initial finding that the violation of a court order was due to willfulness, bad faith, or the fault of the party. See In re Exxon Valdez, 102 F.3d 429, 432 (9th Cir. 1996); see also Henry v. Gill Indus., 983 F.2d 943, 946 (9th Cir.1993). If this initial finding is made, the court then weighs five factors to determine whether
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