Discovery, Family Law: Lower Court’ $68,358 Monetary Sanctions And Issue Sanction Against Ex-Husband For Failing To Produce QuickBooks Flash Drive To Wife’s Accounting Expert Was Sustained On Appeal

CCP § 2023.030 Allowed For The Award, With Willful Discovery Defiance Found By The Lower Court.

            A party’s failure to comply with discovery orders can have harsh consequences:  monetary sanctions; issue sanctions; and sometimes even dismissal or directives to enter a default judgment.  Ex-husband found that out in Marriage of Foulk, Case No. C094350 (3d Dist. May 30, 2023) (unpublished).

            Ex-husband was found to have willfully defied discovery orders to produce a business’s QuickBooks on a flash drive for static review by wife’s accounting expert.  The lower court imposed $68,358 in monetary sanctions under CCP § 2023.030 on him as well as ordered an issues sanction by which the value of the business would only be established through the uncontested testimony of ex-wife’s accounting expert.  The appellate court found these sanctions were no abuse of discretion, affirming the orders on appeal.