Duggan

Appellant appeals from the trial court’s judgment dismissing her complaint for failure to comply with a discovery order. After the dismissal, appellant did not seek relief from the trial court, either by means of a motion pursuant to Code of Civil Procedure section 473 or otherwise.

Appellant filed a complaint for personal injuries on September 29, 1975. On December 7, 1976, respondent filed and served upon appellant exhaustive, form written interrogatories pursuant to Code of Civil Procedure section 2030. The interrogatories comprised some 25 pages and 113 questions, not including subparts. On June 10, 1977, respondent filed and served by mail upon appellant’s counsel a notice of motion for order compelling answers to interrogatories. The motion was set for June 27, 1977. Appellant’s counsel did not appear at the motion hearing. Respondent’s counsel noted that the previous week he had rejected a request for a continuance of the hearing. On June 30, 1977, the trial court ordered in pertinent part:

On July 11, 1977, counsel for both parties were present before the trial court on respondent’s motion for order compelling plaintiff to submit to further physical examination.…