Appealability, Discovery: Monetary Sanctions, Not Intertwined With Nonappealable Issue Sanctions Order, Can Be Entertained On Appeal

$37,575 Monetary Sanctions Against Defendants For Discovery Noncompliance Affirmed, Given Defense Conduct.

            Bad facts can lead to published decisions which are not complementary to a party not conducting itself appropriately in litigation.  Defendants in Deck v. Developers Investment Co., Case No. G061287 (4^th Dist., Div. 3 Mar. 24, 2023) (published) learned that sad reality.

            Defendants were hit with potentially dispositive issue sanctions (although the case went on) and $37,575 in discovery noncompliance sanctions for repeated discovery conduct, including dumping a document discovery response on the eve of a motion cut-off and discovery hearing.  The issue which we believe led to publication is whether the monetary sanction was appealable given that the issue sanctions may not have been.  The appellate court examined decisions and clarified that a monetary sanction not intertwined with an issues sanction is independently entertainable on appeal, even though the issues sanctions is not.  On the merits, the monetary sanctions were affirmed based on a record which to say the least was not flattering for defendants.