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Munson v. Singer

Court of Appeal of California, Fourth District
Dec 13, 1965
238 Cal.App.2d 697 (Cal. Ct. App. 1965)

Summary

In Munson v. Singer (1965) 238 Cal.App.2d 697 [ 48 Cal.Rptr. 167], the court quoted the above excerpt from page 709 of Lund with approval and concluded that a purported appeal from an order imposing sanctions should be dismissed.

Summary of this case from Freidberg v. Freidberg

Opinion

Docket No. 7555.

December 13, 1965.

APPEAL from an order of the Superior Court of Orange County imposing sanctions for failure to appear for depositions. Stephen K. Tamura, Judge. Appeal dismissed.

Thaler Karen and Barrie M. Karen for Defendants and Appellants.

Mark F. Joseff for Plaintiff and Respondent.


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).)

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.

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.

The appeal is dismissed.

Coughlin, J., and Whelan, J., concurred.


Summaries of

Munson v. Singer

Court of Appeal of California, Fourth District
Dec 13, 1965
238 Cal.App.2d 697 (Cal. Ct. App. 1965)

In Munson v. Singer (1965) 238 Cal.App.2d 697 [ 48 Cal.Rptr. 167], the court quoted the above excerpt from page 709 of Lund with approval and concluded that a purported appeal from an order imposing sanctions should be dismissed.

Summary of this case from Freidberg v. Freidberg
Case details for

Munson v. Singer

Case Details

Full title:DONALD G. MUNSON, Plaintiff and Respondent, v. STANLEY M. SINGER et al.…

Court:Court of Appeal of California, Fourth District

Date published: Dec 13, 1965

Citations

238 Cal.App.2d 697 (Cal. Ct. App. 1965)
48 Cal. Rptr. 167

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