Tobin

The defendants and appellants Richard Oris and Milly Oris (collectively the Orises) appeal from a summary judgment entered on September 28, 1990, which awarded damages in excess of $1 million to the plaintiff and respondent George Tobin (herein Tobin). Subsequently, on November 9,1990, the trial court granted Tobin’s motion to add as judgment debtors the appellants, the Richard Oris and Milly Oris Living Trust (herein the Trust) and Rich-Mil Investments, L.P., a California limited partnership (herein Rich-Mil). Finally, the appellants, Selvin, Weiner & Ruben, Beryl Weiner and Russell W. Clampitt (current counsel for the Orises and hereinafter collectively Selvin, Weiner) and Kenneth I. Persion and Kenneth I. Persion, Inc. (the prior counsel for the Orises and hereinafter collectively Persion) appeal the imposition of certain sanction orders imposed by the trial court.

The summary judgment was based entirely upon a prior order of the trial court directing that certain dispositive facts be deemed admitted pursuant to Code of Civil Procedure section 2033, subdivision (k). As we conclude that (1) the trial court erroneously construed and applied sections 1013a and 2033,…