Allen-Pacific, Ltd. v. Superior Court of City and County of San Francisco

Petitioner seeks a writ of mandate directing the lower court to set aside its order denying petitioner’s motion for an order that the truth of the matters specified in its requests for admissions be deemed admitted and for a monetary sanction, and to enter an order granting the motion. As we explain, petitioner is entitled to the relief sought by its motion; accordingly, we shall grant the petition.

Facts

On April 1, 1996, petitioner Allen-Pacific, Ltd. commenced the underlying action against real parties in interest Yee Yim Chan and American Golden Pacific Investments, Inc. (collectively defendants). Alleging causes of action for fraud and conversion, the suit was based on the claim that petitioner shipped woodworking machinery worth approximately $700,000 to defendants and that they took possession of the shipment at the dock in Guangzhou in the People’s Republic of China and resold it to others without paying for the goods.

Petitioners commenced discovery in April 1996 by seeking to take Chan’s deposition. At first petitioner was told that Chan, who resides in Los Angeles and is president of the corporate defendant, was unavailable because he was traveling in China.…