Aihara

TMS, INC. v. Aihara

Good Law
1999 Cal. App. LEXIS 319·71 Cal. App. 4th 377·83 Cal. Rptr. 2d 834·99 Daily Journal DAR 3507·99 Cal. Daily Op. Serv. 2719
Court of Appeal of CaliforniaApril 13, 1999B124376California1,135 words

Opinion

Opinion

Turner, J.

I. Introduction

In this case, we consider an issue of first impression in California: may an appeal be dismissed for the willful failure of judgment debtors to comply with a court order to answer postjudgment interrogatories? We answer this question in the affirmative. The trial court ordered defendants and judgment debtors, Isamu Aihara, Benmore Company, Inc., and Benmore Trading Corporation, Inc., to respond to written postjudgment interrogatories. The postjudgment interrogatories were served as permitted by Code of Civil Procedure sections 708.020, subdivision (a) and 2030 and were designed to secure information to aid in enforcement of the money judgment against them. Monetary sanctions were also imposed. Mr. Aihara has, according to the evidence adduced pursuant to rule 41(a) of the California Rules of Court, moved to Japan and refuses to assist his attorneys in answering the postjudgment interrogatories, It is undisputed defendants have willfully refused to comply with that order. Given defendants’ willful disobedience of the trial court’s order to answer the postjudgment interrogatories, we dismiss their appeal from the judgment.

II. Discussion

It is well…

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