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P1539 Although a sanction order is ordinarily appealable only following judgment in the case, a sanction order may be appealable as a collateral order, independent of the issues in the case itself, particularly if there is a possibility there will be no judgment; no authority justifies imposing monetary sanctions for permitting an expert to disclose for the first time during trial a theory that the expert did not disclose in the expert witness declaration.CitationMULLER v FRESNO COMMUNITY HOSPITAL (Withheld Opinion) 172 CA4 887 [See: CCP 1287, 2034.310; Sherman v Kinetic 67 CA4 1152, T/AT 12/98; Wells v Popkin 9 CA4 1053; Shelton v Rancho 94 CA4 1337, P/AT 3/02; Yeboah v Progeny 128 CA4 443, P/AT 5/05]
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