Mileikowsky
Mileikowsky v. Tenet Healthsystem
Opinion
Opinion
Curry, J.
Appellant Gil Mileikowsky, M.D., appeals from an order which granted (1) a request for terminating sanctions, and (2) a request for $8,500 in monetary sanctions. The order was based on his repeated failure to provide discovery. For the reasons set forth herein, the court’s order is affirmed.
Although an order granting a request for terminating sanctions is not appealable and the losing party should ordinarily await entry of the order of dismissal to file notice of appeal, we denied a motion to dismiss the appeal on grounds of prematurity because an order granting monetary sanctions in amounts over $5,000 is immediately appealable. (Civ. Proc. Code, § 904.1, subd. (a)(12).) As is explained further below, although we attempted to limit our review to issues pertaining to the monetary sanctions awarded, our reasoning necessarily encompasses the propriety of granting terminating sanctions. We presume, therefore, that after the remittitur issues, an order striking the operative complaint and dismissing the action will be entered.
FACTUAL AND PROCEDURAL BACKGROUND
A. Facts Related to Substantive Claims
1. Original Complaint and Preliminary Injunction