Russell

Russell v. General Motors Corp.

Good Law
1992 Cal. App. LEXIS 201·3 Cal. App. 4th 1114·4 Cal. Rptr. 2d 750·92 Daily Journal DAR 2353·92 Cal. Daily Op. Serv. 1470
Court of Appeal of CaliforniaFebruary 21, 1992C010412California1,691 words

Opinion

Opinion

Davis, J.

Introduction

In this personal injury action for compensatory and punitive damages on theories of negligence, breach of warranty, and/or strict products liability, defendant General Motors Corporation moved to compel supplemental answers tó interrogatories and conditionally for costs, fees, and/or sanctions. The trial court denied the requests and imposed $1,905 in monetary sanctions on defendant pursuant to Code of Civil Procedure, section 2023, subdivision (b)(1). Defendant petitioned this court for an extraordinary writ vacating the order which imposed the sanctions. The petition was denied, (la) Defendant now appeals the interlocutory order imposing sanctions, which it contends is an appealable order under section 904.1, subdivision (k). We disagree and hold that a monetary discovery sanction order over $750, which is an interlocutory or interim order, is not an appealable “judgment” under subdivision (k) of section 904.1. We dismiss the appeal as having been taken from a nonappeal able order; however, we point out that the order is reviewable on appeal from the final judgment in the main action.

Discussion

Section 904.1, subdivision (k), provides that an appeal may…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.