Fred Howland Co. v. Superior Court

This proceeding arises out of an action to recover damages in the amount of $200,000 for personal injuries. Petitioner here was one of the defendants named in the damage action. On March 25, 1966, the court granted plaintiff’s motion to strike said defendant’s answer and thereafter entered its default for failure to answer interrogatories, and in addition, ordered that it pay $250 to plaintiff’s attorney as a fee. On May 5 the court refused to reconsider its prior order. On May 27 this proceeding was commenced for a review of those orders.

Inasmuch as the question presented here involves the exercise of discretion by the respondent court, the pertinent facts are those which were before that court when it acted. Petitioner has supplied those facts by incorporating in its petition, as exhibits, photographic reproductions of all of the documents in the superior court file. The return filed by the real party in interest (plaintiff in the injury action) denies any information or belief sufficient to answer the allegation of the petition that the copy of the superior court file has been attached. This denial is sham and will be disregarded. (State Athletic Com. v. Massachusetts Bonding…