McArthur

Defendants and cross-complainants Carlos Bock-man and Maria Trinidad Bockman appeal from a default judgment in favor of plaintiffs Harry and M. June McArthur. The defendants’ default was entered as a result of the McArthurs’ successful motion for sanctions after the Bockmans failed to attend their court-ordered deposition pertaining to an inquiry into their financial condition pursuant to Civil Code section 3295.

The Bockmans contend, and we agree, that the imposition of sanctions striking their pleadings and permitting the entry of a default for their failure to attend a limited discovery proceeding is overly broad constituting an abuse of discretion. We therefore reverse the judgment with instructions to vacate the default and for further proceedings consistent with this opinion.

Factual and Procedural Background

The McArthurs, elderly residents of Toronto, Canada, wanted to build a house in Mexico. In March 1977 they paid about $60,000 for a lot in Manzanillo. They retained Carlos Bockman as their architect. He designed and built a $200,000 house. Apparently this is the extent of the McArthurs’ success in their foreign land venture. For reasons peculiar to Mexican…