Q: In motion to compel further discovery: issue or evidence sanctions
Medical malpractice or healthcare fraud. If defendant boilerplate and without merit objected to disclose specific identities of wrongdoers;
what evidence or issue sanctions can be imposed, in addition to compelling response?
A:
Under California law, when a party fails to provide further responses or produce documents after being ordered to do so by the court, the court may impose various sanctions, including evidence and issue sanctions, in addition to compelling the response. Here are some potential sanctions that may be imposed:
1. Evidence Sanctions (Cal. Civ. Proc. Code § 2023.030(c)):
- Prohibiting the disobedient party from introducing designated matters into evidence
- Prohibiting the disobedient party from supporting or opposing designated claims or defenses
2. Issue Sanctions (Cal. Civ. Proc. Code § 2023.030(b)):
- Ordering that designated facts be taken as established in favor of the party seeking discovery
- Prohibiting the disobedient party from supporting or opposing designated claims or defenses
- Striking out pleadings or parts of pleadings, staying proceedings until the order is obeyed, dismissing the action or proceeding or any part of it, or rendering a default judgment against the disobedient party
3. Monetary Sanctions (Cal. Civ. Proc. Code § 2023.030(a)):
- Requiring the disobedient party or their attorney to pay reasonable expenses, including attorney's fees, incurred by the moving party as a result of the conduct
4. Contempt Sanctions (Cal. Civ. Proc. Code § 2023.030(e)):
- Treating the failure to obey as a contempt of court
In a case involving medical malpractice or healthcare fraud, where the defendant has objected to disclosing the identities of wrongdoers in a boilerplate manner and without merit, the court may find the objections inadequate and impose a combination of the above sanctions to compel compliance and address the failure to provide the required information.
The specific sanctions imposed will depend on the circumstances of the case, the severity of the discovery violation, and the court's discretion. It is essential to present a strong argument demonstrating the defendant's lack of compliance and the need for the requested information to support the imposition of appropriate sanctions.
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