King

statement of facts that are not included in the record. 2 The underlying orders are not in the record.

2 moved to dismiss King’s case in the event all of his evidence was excluded, and the court took the matter under submission. The jurors were then impaneled and sworn in. King made his opening statement and conducted a direct examination of his first witness, Tarver. The court reconvened for trial the next day, March 30. At that time, King indicated that he had jury instructions and verdict forms, which the trial court noted were untimely pursuant to Code of Civil Procedure section 607a.3 The trial court then revisited Tarver’s verbal motions for evidentiary sanctions. King stated that he still did not have the required form interrogatories, nor the documents subject to production. The trial court found that King had failed to comply with the discovery orders and therefore granted Tarver’s requests to preclude King’s proposed witnesses from testifying and to preclude King from presenting any documents in his case. In light of the evidentiary sanctions imposed, and also based on King’s violation of section 607a, Tarver moved to dismiss the complaint with prejudice. The trial…