Vaughn

Defendants answered ready when the case was called for trial. No evidence was introduced. Nonetheless, the court entered findings of fact, conclusions of law, and judgment in favor of plaintiff. Defendants appeal. The judgment is based upon an erroneous application of the presumption that “evidence wilfully suppressed would be adverse if produced” (Code Civ. Proc., § 1963, subd. 5).

Plaintiff’s verified complaint sought judgment setting aside alleged fraudulent conveyances by her judgment debtor to his codefendants. Verified answer denied essential allegations of the complaint. When the case was called for trial, plaintiff’s counsel asked about the absence of defendants from the courtroom. Defense counsel said: “I have advised my clients that I feel that unless it’s absolutely necessary that they be here I don't feel it’s advantageous for them to appear in court here;” and “we’re ready to proceed.” He denied advising his clients to avoid service of process. The court said that it “might well grant a motion for a summary judgment,” and spoke also of default judgment and judgment on the pleadings. Defense counsel pointed to the verified answer, and asserted his right to require…