California Court of Appeal

Reset A A Font size: Print

Liberty Mut. Fire Ins. Co. v. LCL Administrators, INC., C053289

In a breach of contract action to recover workers' compensation insurance premiums, wherein defendant repeatedly provided vacuous, meaningless responses to simple and straightforward interrogatories propounded by plaintiff, grant of plaintiff's motion for terminating sanctions is affirmed where: 1) there was substantial evidence to support a finding that defendant "willfully" failed to comply with discovery; 2) defendant's claims that these derelictions did not prejudice plaintiff's ability to try the case were misguided as prejudice is inherent in stalling tactics which prevent a party from defending its case; 3) terminating sanctions were not excessive and considerably appropriate in light of defendant's repeated misconduct.

Appellate Information

  • Decided 06/10/2008
  • Published 06/10/2008

Judges

  • BUTZ, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • The Mounier Law Firm, John F. Mounier, Jr.;   Law Office of Ted W. Pelletier, and Ted W. Pelletier for Defendant, Cross-complainant and Appellant., Bullivant Houser Bailey and Ronald L. Richman, San Francisco, for Plaintiff, Cross-defendant and Respondent.
Copied to clipboard