In re Marriage of Kahn

Good Law
Court of Appeal of CaliforniaApril 26, 2013E054082California6,004 words

Opinion

Opinion

background. They have been gleaned from various portions of the record. They were not necessarily before the trial court when it made any particular ruling.

3 II

THE TRIAL COURT‟S ORDER GRANTING TERMINATING SANCTIONS

Robert contends that the trial court erred by striking his responsive pleading and

entering his default.

A. Relevant Factual and Procedural Background.

1. The motion to compel.

On April 23, 2009, Jessie served Robert with form interrogatories and a request for

production of documents.

At the time, Robert was in propria persona. The next day, however, April 24,

2009, he retained Attorney Thomas M. Stefanelli. Nevertheless, on May 28, 2009, when

responses were due (Code Civ. Proc., §§ 2030.260, subd. (a) [interrogatories], 2031.260,

subd. (a) [document requests]; see also Code Civ. Proc., § 1013), Robert wholly failed to

respond.

On June 16, 2009, Stefanelli belatedly requested an extension of time. He told

Jessie‟s attorney, “ . . . I will be meeting with my client on . . . June 18, 2009. I will be

able to get you his responses to your discovery within a few days thereafter.” However,

he did not do so.

On July 14, 2009, Jessie filed a…

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