Corns

Corns v. Miller

Good Law
181 Cal. App. 3d 195·1986 Cal. App. LEXIS 1606·226 Cal. Rptr. 247
Court of Appeal of CaliforniaMay 20, 1986E002107California2,237 words

Opinion

Opinion

Rickles, J.

Plaintiff Lewis Glen Corns sued defendants John D. Miller and Ha Thi Nga (husband and wife) to quiet title to a parcel of real property. Upon defendants’ failure to obey an order compelling answers to interrogatories, the court struck their answer to the complaint, entered their default, and ordered defendants and their attorney of record, Mark L. Bradbury, to pay $540 to plaintiff. Attorney Bradbury moved for reconsideration of the portion of the order imposing monetary sanctions against him but the motion was denied. Bradbury has appealed from the resulting default judgment.

Facts

The record on appeal is a slender clerk’s transcript and no reporter’s transcript. The briefs have engaged in the deplorable practice of mentioning and relying on numerous facts outside the appellate record but these assertions will be disregarded and consideration will be given only to facts shown by the appellate record.

Plaintiff served defendants with a set of interrogatories. No answers having been received, plaintiff brought a motion to compel answers (Code Civ. Proc., § 2034, subd. (a)). On October 4, 1984, the motion was granted and defendants were given 20 days to answer.…

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