Sanctions Justified, In Part, Based On Prior Inconsistent Position By Challenging Litigant.
In Padron v. Watchtower Bible and Tract Society of New York, Inc., Case No. D070723 (4th Dist., Div. 1 Nov. 9, 2017) (published), the appellate court faced the answer to this question: Can a superior court impose a hefty daily, continuing monetary sanction against a party who steadfastly refuses to comply with a discovery order? Answer: You betcha, to the tune of $4,000 a daily under the right circumstances. Those circumstances were the right ones here, especially where the challenging party had argued earlier in favor of a monetary sanction versus a more severe terminating sanction.