Laguna Auto Body v. Farmers Insurance Exchange

Plaintiffs Laguna Auto Body and Lonnie Reagan (appellants) appeal from the dismissal of their complaint against defendant Fanners Insurance Exchange (respondent). 1 The trial court found appellants’ actions preceding the dismissal order were an abuse of the discovery process.

This case was assigned to the superior court’s expedited trial program established under the Trial Court Delay Reduction Act of 1986. (Gov. Code, § 68600 et seq.) Appellants contend the court abused its discretion in dismissing their action, claiming the dismissal was under the expedited trial program. However, the action was not dismissed for failure to comply with rules of the expedited trial program, but for wilful misuse of the discovery process under the Civil Discovery Act of 1986. (Code Civ. Proc., § 2016 et seq.)

As will be seen, we hold the rules embodied in the discovery statutes apply to expedited trial program cases, and that courts in that program are not precluded from using dismissal as a sanction in an appropriate case. Moreover, in light of appellants’ actions preceding the dismissal order, we find there was no abuse of discretion in dismissing the instant case.

I

Facts

This…

The majority correctly frames the issue in this case as “whether the trial court abused its discretion in dismissing the action in light of the discovery statutes embodied in the Code of Civil Procedure and interpreted by case law.” (Maj. opn., ante, p. 491.) I respectfully disagree, however, with the majority’s conclusion that no abuse occurred.

It has long been accepted that discovery sanctions are not designed “ ‘to provide a weapon for punishment, forfeiture and the avoidance of a trial on the merits.’ ” (Caryl Richards, Inc. v. Superior Court (1961) 188 Cal.App.2d 300, 303 [10 Cal.Rptr 377], quoting Crummer v. Beeler (1960) 185 Cal.App.2d 851, 858 [ 8 Cal.Rptr. 698 ].) Furthermore, “the sanction should not operate in such a fashion as to put the prevailing party in a better position than he would have had if he had obtained the discovery sought and it had been completely favorable to his cause.” (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 793 [ 149 Cal.Rptr. 499 ].) And it goes without saying that the ultimate sanction of dismissal is “ ‘a drastic measure which should be employed with caution.’ ” (McArthur v. Bockman (1989) 208 Cal.App.3d 1076, 1080 [ 256 Cal.Rptr. 522 ];…

[Opinion certified for partial publication. [*] ]

OPINION

MOORE, J.

Plaintiffs Laguna Auto Body and Lonnie Reagan (appellants) appeal from the dismissal of their complaint against defendant Farmers Insurance Exchange (respondent). [1] The trial court found appellants' actions preceding the dismissal order were an abuse of the discovery process.

This case was assigned to the superior court's expedited trial program established under the Trial Court Delay Reduction Act of 1986. (Gov. Code, § 68600 et seq.) Appellants contend the court abused its discretion in dismissing their action, claiming the dismissal was under the expedited trial program. However, the action was not dismissed for failure to comply with rules of the expedited trial program, but for wilful misuse of the discovery process under the Civil Discovery Act of 1986. (Code Civ. Proc., § 2016 et seq.) [2]

As will be seen, we hold the rules embodied in the discovery statutes apply to expedited trial program cases, and that courts in that program are not precluded from using dismissal as a sanction in an appropriate case. Moreover, in light of appellants' actions preceding the dismissal order, we find there was no…