What is the test for denying a discovery sanction using the abuse standard?
California, United States of America
The following excerpt is from Do v. Superior Court, 109 Cal.App.4th 1210, 135 Cal.Rptr.2d 855 (Cal. App. 2003):
Although we would normally review denial of a discovery sanction using an abuse of discretion standard (Young v. Rosenthal (1989) 212
[109 Cal.App.4th 1213]
Cal.App.3d 96, 114, 260 Cal. Rptr. 369), here we deal solely with a question of statutory interpretation. Thus
[135 Cal.Rptr.2d 857]
we review the issue de novo. (Argaman v. Ratan, supra, 73 Cal.App.4th at p. 1176, 86 Cal.Rptr.2d 917.)
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