Wilson

The appeal is from a default judgment for $50,000 in general damages and $80,000 in punitive damages against appellant Philip T. Jefferson and in favor of respondent Alma T. Wilson, based upon respondent’s complaint which asserted that appellant, an attorney, committed malpractice in negligently and fraudulently failing within the applicable period of limitation to initiate proceedings incident to respondent’s cause of action for personal injuries sustained by her in October 1979.

The question presented for our resolution, simply stated, is whether the trial court under the circumstances present properly determined to strike appellant’s answer to the complaint and to enter his default pursuant to Code of Civil Procedure section 2034, subdivision (b)(2)(C), thereby supplying the prerequisites to the ensuing default judgment.

We are satisfied the sanction imposed was excessive and accordingly reverse. The following further facts either as alleged or established in the record, provide the foundation for our conclusion.

On October 7, 1979, respondent, then age 53, was playing bingo at a local community center when a temporary partition installed in connection with the…