What is the test for terminating sanctions for abuse of discretion?

California, United States of America


The following excerpt is from Mercury Ins. Co. v. Naghash, D070690 (Cal. App. 2016):

We review a court's order issuing discovery sanctions for abuse of discretion and the "court has broad discretion in selecting the appropriate penalty." (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) "We defer to the court's credibility decisions and draw all reasonable inferences in support of the court's ruling." (Ibid.) However, a court's decision to impose terminating sanctions is a drastic remedy and should generally not be imposed unless the court has unsuccessfully imposed less severe alternatives and/or the record establishes that lesser sanctions would be ineffective. (Ibid.; Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992 [court justified in imposing terminating sanction " 'where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules' "].)

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