Parker

Parker v. Wolters Kluwer United States, Inc.

Good Law
149 Cal. App. 4th 285·2007 Cal. App. LEXIS 490·2007 Daily Journal DAR 4461·57 Cal. Rptr. 3d 18·2007 Cal. Daily Op. Serv. 3489
Court of Appeal of CaliforniaApril 3, 2007B190805California5,769 words

Opinion

Opinion

Johnson, J.

After previous orders and monetary sanctions failed to bring about Leonard O. Parker’s compliance with the discovery process the trial court sanctioned Parker by dismissing his complaint against all defendants and entered his default on the cross-complaint brought by two of the defendants. Parker appeals from the ensuing judgment and challenges the validity of the underlying discovery orders which led to it.

We affirm the judgment in part and reverse it in part. We reverse one of the monetary sanction orders. We hold the trial court erred in imposing terminating sanctions in favor of parties who did not propound discovery themselves or show how they were prejudiced by Parker’s failure to comply with the discovery requests propounded by others.

FACTS AND PROCEEDINGS BELOW

Parker brought an action against his former employer, Wolters Kluwer United States, Inc. (WKUS), its subsidiary CCH, Inc., and three of its employees, Cyndi Andreu, Jackie Staley and Kathy Baker, alleging various employment-related torts and breaches of contract. Defendants answered the complaint and WKUS filed a cross-complaint to recover excess benefits paid to Parker under its short-term disability…

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