238 CALAPP2D 697 - Munson v. Singer

How this case has been cited

Cited by 7 later decisions — most recently September 1991

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 Thaler & Karen and Barrie M. Karen for Defendants and Appellants.

¶2 Mark F. Joseff for Plaintiff and Respondent.

¶3 BROWN (Gerald), P. J.

¶4 Respondent served notice on appellants to take their depositions on October 29, 1963; appellants did not present themselves to be deposed. Respondent moved the superior court, on November 22, 1963, for an order to take appellants' depositions and for sanctions against appellants for failing to appear. (Code Civ. Proc., 2034, subd. (d).)

¶5 The court granted respondent's motion and ordered appellants to pay respondent as sanctions $150 attorney's fees and $25 for costs. [1] The appeal is from the order imposing sanctions.

¶6 In Lund v. Superior Court, 61 Cal.2d 698, 709 [39 Cal.Rptr. 891, 394 P.2d 707], the Supreme Court stated: "The better view is that an order made for the purposes of furthering discovery proceedings, or granting sanctions for refusal to make discovery, is not appealable." Accordingly, we hold that the order is not appealable.

¶7 The appeal is dismissed.

¶8 Coughlin, J., and Whelan, J., concurred.