Q: CCP § 2023.030 (d) (4)
Can first motion to compel further discovery responses by plaintiff request court an order rendering a judgement against defendant pursuant to CCP § 2023.030 (d) (4)?
CCP § 2023.030 (d) The court may impose a terminating sanction by one of the following orders: (4) An order rendering a judgment by default against that party
Plaintiff did not compel further responses to previous sets of discovery before, though previous responses did not include specific response crucial for the case.
A:
Under California law, CCP § 2023.030 (d) (4) allows the court to impose a terminating sanction by rendering a default judgment against a party for misuse of the discovery process. However, this is typically considered a severe sanction and is usually reserved for cases where there has been a persistent and willful failure to comply with discovery orders or a history of discovery abuse.
In the situation you described, where the plaintiff is filing their first motion to compel further discovery responses from the defendant, it is unlikely that the court would immediately impose a terminating sanction under CCP § 2023.030 (d) (4), especially if there have been no prior motions to compel or court orders compelling the defendant to provide the specific response crucial to the case.
Generally, the court will first grant a motion to compel further responses and order the defendant to provide the requested information. If the defendant continues to fail to comply with the court's order, the plaintiff may then seek sanctions, which can escalate to a terminating sanction if the defendant's non-compliance persists and is found to be willful.
In summary, while CCP § 2023.030 (d) (4) allows for a terminating sanction, it is unlikely to be granted on the first motion to compel further discovery responses without a history of discovery abuse or violation of prior court orders.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
