Employment Law Blog

Filter:  C.C.P § 2023.030(c)

Non-Compliance in the Discovery Process

Once a party has been ordered to answer discovery or to produce documents more severe sanctions are available for continued refusal. (C.C.P. §§ 2030.290(c), 2030.300(e).) The court may order that designated facts “shall be taken as established” by the party adversely affected by the discovery misuse; or it may prohibit the party who committed such misuse from supporting or opposing designated claims or defenses. (C.C.P. § 2023.030(b).) The court may also prohibit the party (or party-affiliated witness) who disobeyed the court order from introducing designated matters in evidence. (C.C.P § 2023.030(c); Deeter v. Angus (1986) 179 Cal.App.3d 241, 255; Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1547-1548.) In addition to any other sanction, the court may order the disobedient party or counsel responsible or both to pay the reasonable expenses, including attorney fees, incurred as a result of the failure to obey (including fees on the sanctions motion). (C.C.P. § 2023.030(a).)