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NEWLAND v. SUPERIOR COURT

Docket No. B094760.

40 Cal.App.4th 608 (1995)

47 Cal. Rptr.2d 24

JEFFREY M. NEWLAND, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JIM Y. SUGASAWARA et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Four.

November 27, 1995.

Attorney(s) appearing for the Case

COUNSEL

Gorman & Miller, John C. Gorman and Catherine L. Chou for Petitioner.

No appearance on behalf of Respondent.

Michael B. Montgomery for Real Parties in Interest.

OPINION

EPSTEIN, Acting P.J.

The time has come to reassert a well-established but apparently not well-known rule about monetary sanctions in discovery. (1a) The rule is that it is an abuse of discretion for a trial court to issue a terminating sanction for failure to pay the sanction. A monetary sanction is immediately enforceable as a judgment, unless the court rules that it is not. In an appropriate case failure to...

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