Motion for Terminating Sanctions — DENIED
The Motion by Stars Construction Services for Terminating Sanctions Entering a Default Judgment Against K & G Ready Mix, Inc. For Disobeying a Court Order is denied.
The only basis for the motion is K & G?s failure to pay discovery sanctions in the amount of $1,115.00, ordered by the Court on 01/25/16. The failure to obey a court order to pay discovery sanctions, alone, is never grounds for terminating sanctions. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615 [?As we have explained, a terminating sanction issued solely because of a failure to pay a monetary discovery sanction is never justified.?] Moving party admits that K & G has otherwise complied with the order by serving responses. Terminating sanctions cannot be imposed.
Moving party shall give notice of the ruling.