Stay up-to-date with how the law affects your life. COURTROOM CONTROL: CONTEMPT AND SANCTIONS The motion was brought and granted under Code of Civil Procedure section 473. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. THE COURT HEREBY DISMISSES THE COMPLAINT WITH PRE ..ntiffs Responses to Form TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 
[40 Cal. In Jones v. Otero (1984) 156 Cal.App.3d 754, 203 Cal.Rptr. If a monetary sanction is authorized by any provision of this title, the court shall The Court of Appeal directed the trial court to vacate that order and to reinstate the answer. The reinstated judgment, which had been awarded in January 1993, amounted to $220,739.10 as of that time. 3d 877, 882 [217 Cal. 3 Facsimile: Other Civil Petition (Limited Jurisdiction), RODNEY S. DIGGS, ESQ. Because of that, an order terminating a plaintiff's lawsuit or striking a defendant's answer and entering its default (in effect, terminating sanctions) solely because of failure to pay the monetary sanction is excessive. 602 [distinguishing among provisions that required only failure or refusal and those requiring willful failure]; cf. The Civil Discovery Act of 1986 ( 2016 et seq.) The trial judge found no fault in the refusal, accepting the argument that an award of costs on appeal is enforceable in the court of appeals [sic], I believe, and not here. During argument, counsel for the Sugasawaras twice referred to $1,400 as the amount of sanctions owed to his clients, which they had not paid. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Amended Document Filed re: - AMENDED ORDER FOR TERMINATING SANCTIONS FILED. The present act contains no such requirement. 631 [court should not deprive a party of all right to defend an action if the discriminating imposition of a lesser sanction will serve to protect the legitimate interests of the party harmed by the failure to provide discovery].). On Tuesday, a California Court of Appeals ruled that porn actress Stormy Daniels must pay about US$122,000 of the fees that former U.S. President Donald Attorneys fees in family law cases fall into two categories. App. BRETOI, LUTZ & STELE in the misuse of the discovery process from introducing designated matters in evidence. The court considered the moving papers. Time: 1:30 p.m. (See 680.230, 680.270, 699.510, subd. Section 2023, subdivision (a), catalogues nine categories of abuse. 444 South Flower Street, Suite 1800 COUN, Electronically FILED by Superior Court of California, County of Los Angeles on 08/19/2022 02:59 PM Sherri R. Carter, Executive Officer/Clerk of Court, by H. Aldana,Deputy Clerk CC UNTY OF SAN E3E 2NARDINa The court may impose a terminating sanction by one of the following orders: Nor is a terminating sanction necessary in order to enforce a monetary order. (State Bar No. 3, Other Breach of Contract/Warranty (not fraud or negligence) (Limited Jurisdiction), \y \r A Professional Law Co rp oration Fl L E D 651.). Is Google Responsible for Terrorist Attacks? Ultimately, we found that Octane Fitness has not considerably changed the rate that courts grant sanctions and motions for attorney fees, a trend that has remained consistent through the last quarter of The amount reflected the $750 owed in sanctions, less a credit for Newland's costs on appeal of $67.06. 1985) Appeal, 678, p. [3, 1c] The trial court was in error in concluding that those costs were a matter for appellate court enforcement. An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. JEFFREY M. NEWLAND, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JIM Y. SUGASAWARA et al., Real Parties in Interest. The court's response was unequivocal: "dismissal can never be an appropriate remedy for an attorney's noncompliance with an order imposing monetary sanctions." Former counsel for Plaintiff also filed a declaration in connection with this motion. 4th 616] with substantial justification or that other circumstances make the imposition of the sanction unjust." Uphold has agreed to pay $72,230.32 to settle its potential civil liability for the apparent violations. Thus, under the statutory scheme, trial courts should select sanctions tailored to the harm caused by the misuse of the discovery process and should not exceed what is required to protect the party harmed by the misuse of the discovery process. At worst, Newland was three days late in paying the money he owed. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (CCP 2023.030) 2005) (sanctions upheld when party's continual failure to produce documents was found to be contumacious and with deliberate disregard for the trial court's authority) Sanctions upheld when a defendant company was evasive and In the alternative, the motion asked for an early trial setting because the five-year period to get the case to trial ( 583.310) would soon run. ), The burden of proof then shifts to the party seeking to avoid sanctions to establish a satisfactory excuse for his or her conduct. Google's failure to preserve employee messages in Epic antitrust case merits sanctions, judge says Published Tue, Mar 28 2023 6:15 PM EDT Updated Wed, at p. 759, italics added. The terminating sanction cases we have discussed arose under the former discovery law. (d) The court may impose a terminating sanction by one of the following orders: (1) An order striking out the pleadings or parts of the pleadings of any party engaging is obeyed. 2d 484]. 4th at 390. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 795-796. McManemin v. McMillin, 157 S.W.3d 304, 308 (Mo. Iran Sanctions Act (ISA) Menu. 9 For more detailed information, including local rules, see the California Superior Court SmartRules Guides: Motion for Sanctions (Non-Discovery), Opposition to Motion for Sanctions (Non-Discovery) and Reply in Support of Motion for Sanctions. Some attorneys are not aware that a sanctions order can be enforced by execution and will first request that the sanctioned party be held in contempt for failure to [A]bsent unusual circumstances, such as repeated and egregious discovery abuses, two facts are generally prerequisite to the imposition of a nonmonetary sanction. Interrogatories, Set One; Requests For Production of Documents, Set One; for Order against anyone engaging in conduct that is a misuse of the discovery process: (a) The court may impose a monetary sanction ordering that one engaging in the misuse su F Google should be sanctioned for failing to preserve chat messages between employees related to an antitrust case brought by Epic Games, a federal judge in California ruled on Tuesday. An order imposing terminating sanctions must be preceded by the disobedience of an order compelling a party to do that which the party should have done in the first instance. exceptional circumstances, the court shall not impose sanctions on a party or any 5544 0 obj
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4340 Fulton Ave., Third Floor How Is a Disissal Proper? The first are Family Code 2030 and 2032 fees which are based on, I. (All further section references are to that code.) CRC 2.30(e). SUPERIOR COURT 0F THE STATE 0F CALIFORN 35an / L, Personal Injury Non-Motor Vehicle Unlimited, Electronically FILED by Superior Court of California, County of Los Angeles on 03/02/2022 09:35 AM Sherri R. Carter, Executive Officer/Clerk of Court, by H. Aldana,Deputy Clerk SUPER OR COtIRT OF CAL FORNIP A recent California appellate court decision held that an employer who misses the deadline to pay an arbitrators filing fee may not only lose the right to arbitrate the case, but may lose the case altogether. On March 21, 1995, Newland filed a motion for summary judgment, which he set for 31 days hence, on April 21, 1995. But in Use this At A Glance Guide to learn the statewide rules of civil procedure applicable to bringing a motion for sanctions (non-discovery) inCalifornia SuperiorCourt. The Civil Discovery Act of 1986 (2016 et seq.) ), [T]erminating sanctions are to be used sparingly because of the drastic effect of their application. Such an order was made against the petitioner in this case. Co. v. Superior Court (1985) 171 Cal. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. the broad nature of the sanctions and the failure of the USA to ease them following the CPA engendered in Khartoum a sense that the goal posts kept shifting (Aluoch 2015: 78). Telephone: (818) 638-2025 WebAll members of the State Bar of California are subject to mandatory registration and reporting requirements that are specified primarily, but not exclusively, in the State Bar Act. To the extent authorized by the chapter governing any particular discovery method Michael B. Montgomery for Real Parties in Interest. Reed Smith, a law firm representing the ODP Corporation in a shareholder lawsuit, has been ordered by a Delaware judge to station Co. v. Super. Legal Standard Caryl Richards was a products liability case in which the defendant failed to adequately respond to discovery about the chemical properties of its product even after being ordered to do so. CCP 128.7(c)(1); CCP 1005(b). A monetary sanction is immediately enforceable as a judgment, unless the court rules that it is not. An order staying further proceedings by that party until an order for discovery is obeyed. 631] [court "should not deprive a party of all right to defend an action if the discriminating imposition of a lesser sanction will serve to protect the legitimate interests of the party harmed by the failure to provide discovery"].). [No. Rptr. We held that mandatory language in section 473 requires trial courts to set aside the underlying default as well as the default judgment on a credited showing that the default was suffered on account of attorney mistake, inadvertence, surprise, or neglect. The court may impose a terminating sanction by one of the following orders: (Weil & Brown, Cal. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. %PDF-1.6
%
I. Caryl Richards was a products case in which the defendant failed to adequately respond to discovery about the chemical properties of its product even after being ordered to do so. Case No. Success or failure of policy, its direction, and evolution must address the harmony or clash of practices across these levels. On May 1, 2018, Plaintiff Jamar Franklin (Plaintiff) filed this negligence acti ..endant filed Motion for Terminating Sanctions (the Motion) on December 31, 2018. Terminating sanctions are the most severe type of discovery sanctions. 2 Attorneys at Law Let a peremptory writ of mandate issue directing the respondent court to set aside the judgment against petitioner Newland and the order striking his answer, and directing that court to proceed in a manner consistent with this opinion. CCP 128.7(d). Learn more about FindLaws newsletters, including our terms of use and privacy policy. Attorneys Workers Comp A-to-Z Permanent Disability Temporary Disability Locations Call or Message Us 24/7 855-809-0900 Required Field Worker's Compensation Division 24/7 Help: (855) 809-0900 The parties agreed that all motions and the settlement conference should be held on the same date, and counsel for the Sugasawaras sought and obtained an ex parte order that the hearing on each of these matters (the motion to strike Newland's answer, a motion to strike testimony, Newland's summary judgment motion, and the MSC) be held on April 21. If a party fails For full print and download access, please subscribe at https://www.trellis.law/. Motion for monetary and terminating sanctions against plaintiff Any sanction imposed for violation of Code of Civil Procedure 128.7(b) must be limited to what is sufficient to deter repetition of the conduct by others similarly situated. He also sought writ intervention, setting out the harm he would suffer without it. 212 [sanction of peremptory dismissal, without consideration of the merits, is fundamentally unjust unless the conduct of a plaintiff is such that the delinquency interferes with the court's mission of seeking truth and justice]; Thomas v. Luong (1986) 187 Cal.App.3d 76, 81, 231 Cal.Rptr. (b)(1).] Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. Petitioner Jeffrey M. Newland is one of the named defendants. It was squarely presented in Midwife v. Bernal (1988) 203 Cal.App.3d 57, 63, 249 Cal.Rptr. An order staying further proceedings by that party until an order for discovery is obeyed. endstream
endobj
startxref
WebAttorneys must report to the State Bar within 30 days of knowledge of any judicial sanctions of $1,000 or more, excluding sanctions for failure to make discovery, Bus. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Probably the most important substantive change is that the portion of the former law requiring a delict-a willful failure by the offending party-to justify a monetary order has been replaced by provisions that impose no such requirement. WASHINGTON, March 1, 2022 /PRNewswire/ -- Certified Financial Planner Board of Standards, Inc. (CFP Board) announced today public sanctions against 12 current or former CFP professionals or candidates for CFP certification, effective immediately or on the date noted in each case. 2 R a Let a peremptory writ of mandate issue directing the respondent court to set aside the judgment against petitioner Newland and the order striking his answer, and directing that court to proceed in a manner consistent with this opinion. : 337564) ), The issue of dismissal for the failure of a party to pay monetary discovery sanctions was not before the court in Jones, and was not decided in that case.
[40 Cal. In Jones v. Otero (1984) 156 Cal.App.3d 754, 203 Cal.Rptr. If a monetary sanction is authorized by any provision of this title, the court shall The Court of Appeal directed the trial court to vacate that order and to reinstate the answer. The reinstated judgment, which had been awarded in January 1993, amounted to $220,739.10 as of that time. 3d 877, 882 [217 Cal. 3 Facsimile: Other Civil Petition (Limited Jurisdiction), RODNEY S. DIGGS, ESQ. Because of that, an order terminating a plaintiff's lawsuit or striking a defendant's answer and entering its default (in effect, terminating sanctions) solely because of failure to pay the monetary sanction is excessive. 602 [distinguishing among provisions that required only failure or refusal and those requiring willful failure]; cf. The Civil Discovery Act of 1986 ( 2016 et seq.) The trial judge found no fault in the refusal, accepting the argument that an award of costs on appeal is enforceable in the court of appeals [sic], I believe, and not here. During argument, counsel for the Sugasawaras twice referred to $1,400 as the amount of sanctions owed to his clients, which they had not paid. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Amended Document Filed re: - AMENDED ORDER FOR TERMINATING SANCTIONS FILED. The present act contains no such requirement. 631 [court should not deprive a party of all right to defend an action if the discriminating imposition of a lesser sanction will serve to protect the legitimate interests of the party harmed by the failure to provide discovery].). On Tuesday, a California Court of Appeals ruled that porn actress Stormy Daniels must pay about US$122,000 of the fees that former U.S. President Donald Attorneys fees in family law cases fall into two categories. App. BRETOI, LUTZ & STELE in the misuse of the discovery process from introducing designated matters in evidence. The court considered the moving papers. Time: 1:30 p.m. (See 680.230, 680.270, 699.510, subd. Section 2023, subdivision (a), catalogues nine categories of abuse. 444 South Flower Street, Suite 1800 COUN, Electronically FILED by Superior Court of California, County of Los Angeles on 08/19/2022 02:59 PM Sherri R. Carter, Executive Officer/Clerk of Court, by H. Aldana,Deputy Clerk CC UNTY OF SAN E3E 2NARDINa The court may impose a terminating sanction by one of the following orders: Nor is a terminating sanction necessary in order to enforce a monetary order. (State Bar No. 3, Other Breach of Contract/Warranty (not fraud or negligence) (Limited Jurisdiction), \y \r A Professional Law Co rp oration Fl L E D 651.). Is Google Responsible for Terrorist Attacks? Ultimately, we found that Octane Fitness has not considerably changed the rate that courts grant sanctions and motions for attorney fees, a trend that has remained consistent through the last quarter of The amount reflected the $750 owed in sanctions, less a credit for Newland's costs on appeal of $67.06. 1985) Appeal, 678, p. [3, 1c] The trial court was in error in concluding that those costs were a matter for appellate court enforcement. An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. JEFFREY M. NEWLAND, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JIM Y. SUGASAWARA et al., Real Parties in Interest. The court's response was unequivocal: "dismissal can never be an appropriate remedy for an attorney's noncompliance with an order imposing monetary sanctions." Former counsel for Plaintiff also filed a declaration in connection with this motion. 4th 616] with substantial justification or that other circumstances make the imposition of the sanction unjust." Uphold has agreed to pay $72,230.32 to settle its potential civil liability for the apparent violations. Thus, under the statutory scheme, trial courts should select sanctions tailored to the harm caused by the misuse of the discovery process and should not exceed what is required to protect the party harmed by the misuse of the discovery process. At worst, Newland was three days late in paying the money he owed. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (CCP 2023.030) 2005) (sanctions upheld when party's continual failure to produce documents was found to be contumacious and with deliberate disregard for the trial court's authority) Sanctions upheld when a defendant company was evasive and In the alternative, the motion asked for an early trial setting because the five-year period to get the case to trial ( 583.310) would soon run. ), The burden of proof then shifts to the party seeking to avoid sanctions to establish a satisfactory excuse for his or her conduct. Google's failure to preserve employee messages in Epic antitrust case merits sanctions, judge says Published Tue, Mar 28 2023 6:15 PM EDT Updated Wed, at p. 759, italics added. The terminating sanction cases we have discussed arose under the former discovery law. (d) The court may impose a terminating sanction by one of the following orders: (1) An order striking out the pleadings or parts of the pleadings of any party engaging is obeyed. 2d 484]. 4th at 390. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 795-796. McManemin v. McMillin, 157 S.W.3d 304, 308 (Mo. Iran Sanctions Act (ISA) Menu. 9 For more detailed information, including local rules, see the California Superior Court SmartRules Guides: Motion for Sanctions (Non-Discovery), Opposition to Motion for Sanctions (Non-Discovery) and Reply in Support of Motion for Sanctions. Some attorneys are not aware that a sanctions order can be enforced by execution and will first request that the sanctioned party be held in contempt for failure to [A]bsent unusual circumstances, such as repeated and egregious discovery abuses, two facts are generally prerequisite to the imposition of a nonmonetary sanction. Interrogatories, Set One; Requests For Production of Documents, Set One; for Order against anyone engaging in conduct that is a misuse of the discovery process: (a) The court may impose a monetary sanction ordering that one engaging in the misuse su F Google should be sanctioned for failing to preserve chat messages between employees related to an antitrust case brought by Epic Games, a federal judge in California ruled on Tuesday. An order imposing terminating sanctions must be preceded by the disobedience of an order compelling a party to do that which the party should have done in the first instance. exceptional circumstances, the court shall not impose sanctions on a party or any 5544 0 obj
<>
endobj
4340 Fulton Ave., Third Floor How Is a Disissal Proper? The first are Family Code 2030 and 2032 fees which are based on, I. (All further section references are to that code.) CRC 2.30(e). SUPERIOR COURT 0F THE STATE 0F CALIFORN 35an / L, Personal Injury Non-Motor Vehicle Unlimited, Electronically FILED by Superior Court of California, County of Los Angeles on 03/02/2022 09:35 AM Sherri R. Carter, Executive Officer/Clerk of Court, by H. Aldana,Deputy Clerk SUPER OR COtIRT OF CAL FORNIP A recent California appellate court decision held that an employer who misses the deadline to pay an arbitrators filing fee may not only lose the right to arbitrate the case, but may lose the case altogether. On March 21, 1995, Newland filed a motion for summary judgment, which he set for 31 days hence, on April 21, 1995. But in Use this At A Glance Guide to learn the statewide rules of civil procedure applicable to bringing a motion for sanctions (non-discovery) inCalifornia SuperiorCourt. The Civil Discovery Act of 1986 (2016 et seq.) ), [T]erminating sanctions are to be used sparingly because of the drastic effect of their application. Such an order was made against the petitioner in this case. Co. v. Superior Court (1985) 171 Cal. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. the broad nature of the sanctions and the failure of the USA to ease them following the CPA engendered in Khartoum a sense that the goal posts kept shifting (Aluoch 2015: 78). Telephone: (818) 638-2025 WebAll members of the State Bar of California are subject to mandatory registration and reporting requirements that are specified primarily, but not exclusively, in the State Bar Act. To the extent authorized by the chapter governing any particular discovery method Michael B. Montgomery for Real Parties in Interest. Reed Smith, a law firm representing the ODP Corporation in a shareholder lawsuit, has been ordered by a Delaware judge to station Co. v. Super. Legal Standard Caryl Richards was a products liability case in which the defendant failed to adequately respond to discovery about the chemical properties of its product even after being ordered to do so. CCP 128.7(c)(1); CCP 1005(b). A monetary sanction is immediately enforceable as a judgment, unless the court rules that it is not. An order staying further proceedings by that party until an order for discovery is obeyed. 631] [court "should not deprive a party of all right to defend an action if the discriminating imposition of a lesser sanction will serve to protect the legitimate interests of the party harmed by the failure to provide discovery"].). [No. Rptr. We held that mandatory language in section 473 requires trial courts to set aside the underlying default as well as the default judgment on a credited showing that the default was suffered on account of attorney mistake, inadvertence, surprise, or neglect. The court may impose a terminating sanction by one of the following orders: (Weil & Brown, Cal. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. %PDF-1.6
%
I. Caryl Richards was a products case in which the defendant failed to adequately respond to discovery about the chemical properties of its product even after being ordered to do so. Case No. Success or failure of policy, its direction, and evolution must address the harmony or clash of practices across these levels. On May 1, 2018, Plaintiff Jamar Franklin (Plaintiff) filed this negligence acti ..endant filed Motion for Terminating Sanctions (the Motion) on December 31, 2018. Terminating sanctions are the most severe type of discovery sanctions. 2 Attorneys at Law Let a peremptory writ of mandate issue directing the respondent court to set aside the judgment against petitioner Newland and the order striking his answer, and directing that court to proceed in a manner consistent with this opinion. CCP 128.7(d). Learn more about FindLaws newsletters, including our terms of use and privacy policy. Attorneys Workers Comp A-to-Z Permanent Disability Temporary Disability Locations Call or Message Us 24/7 855-809-0900 Required Field Worker's Compensation Division 24/7 Help: (855) 809-0900 The parties agreed that all motions and the settlement conference should be held on the same date, and counsel for the Sugasawaras sought and obtained an ex parte order that the hearing on each of these matters (the motion to strike Newland's answer, a motion to strike testimony, Newland's summary judgment motion, and the MSC) be held on April 21. If a party fails For full print and download access, please subscribe at https://www.trellis.law/. Motion for monetary and terminating sanctions against plaintiff Any sanction imposed for violation of Code of Civil Procedure 128.7(b) must be limited to what is sufficient to deter repetition of the conduct by others similarly situated. He also sought writ intervention, setting out the harm he would suffer without it. 212 [sanction of peremptory dismissal, without consideration of the merits, is fundamentally unjust unless the conduct of a plaintiff is such that the delinquency interferes with the court's mission of seeking truth and justice]; Thomas v. Luong (1986) 187 Cal.App.3d 76, 81, 231 Cal.Rptr. (b)(1).] Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. Petitioner Jeffrey M. Newland is one of the named defendants. It was squarely presented in Midwife v. Bernal (1988) 203 Cal.App.3d 57, 63, 249 Cal.Rptr. An order staying further proceedings by that party until an order for discovery is obeyed. endstream
endobj
startxref
WebAttorneys must report to the State Bar within 30 days of knowledge of any judicial sanctions of $1,000 or more, excluding sanctions for failure to make discovery, Bus. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Probably the most important substantive change is that the portion of the former law requiring a delict-a willful failure by the offending party-to justify a monetary order has been replaced by provisions that impose no such requirement. WASHINGTON, March 1, 2022 /PRNewswire/ -- Certified Financial Planner Board of Standards, Inc. (CFP Board) announced today public sanctions against 12 current or former CFP professionals or candidates for CFP certification, effective immediately or on the date noted in each case. 2 R a Let a peremptory writ of mandate issue directing the respondent court to set aside the judgment against petitioner Newland and the order striking his answer, and directing that court to proceed in a manner consistent with this opinion. : 337564) ), The issue of dismissal for the failure of a party to pay monetary discovery sanctions was not before the court in Jones, and was not decided in that case.