13 Cited authorities

United States v. Procter Gamble
356 U.S. 677 (1958) Cited 1,693 times 1 Legal Analyses
Holding that, although Government suggested dismissal as a sanction for its refusal to comply with a challenged court order, Government could challenge that underlying order in ensuing appeal of dismissal
Wimberly v. Derby Cycle Corp.
56 Cal.App.4th 618 (Cal. Ct. App. 1997) Cited 107 times
Holding that because objections to requests for admissions were unchallenged by a motion to compel a further response, the denial of sanctions was proper
Smith v. Circle P Ranch Co.
87 Cal.App.3d 267 (Cal. Ct. App. 1978) Cited 50 times
In Smith v. Circle P Ranch Co. (1978) 87 Cal.App.3d 267, 272, the court set forth the basic elements of unity of interest, making it discretionary for the court to grant costs to a prevailing defendant: "Section 1032, subdivision (b), establishes two requirements which must be met to determine which defendants are entitled to mandatory recovery of an award of costs in those cases where there are several defendants and plaintiff fails to recover judgment against all.
Fredericks v. Kontos Industries, Inc.
189 Cal.App.3d 272 (Cal. Ct. App. 1987) Cited 36 times 1 Legal Analyses
In Fredericks, an owner responded to a request for admission by admitting he had agreed to make payments to a contractor according to a payment schedule.
Redwood Empire v. Gombos
82 Cal.App.4th 352 (Cal. Ct. App. 2000) Cited 19 times
Upholding a finding of implied public dedication of a one-lane dirt road in the Santa Cruz Mountains
Chronicle Pub. Co. v. Superior Court
54 Cal.2d 548 (Cal. 1960) Cited 76 times
In Chronicle Pub.Co. v. Superior Court (1960) 54 Cal.2d 548 [ 7 Cal.Rptr. 109, 354 P.2d 637] we said that this last provision demonstrates "[t]hat the Legislature considered the State Bar as at least akin to a state public body or agency" (p. 565), and held that officers of the bar could claim the confidential communication privilege given public officers under former Code of Civil Procedure section 1881 A later decision, Engel v. McClosky (1979) 92 Cal.App.3d 870 [ 155 Cal.Rptr. 284], applied the tort claims act (Gov. Code, § 810 et seq.)
Burke v. Superior Court
71 Cal.2d 276 (Cal. 1969) Cited 54 times
In Burke the defendant in an action on an attachment bond defended against a claim for the expenses incurred in winning the underlying action, by claiming, through denials, that the attachment could have been dissolved without winning the case on its merits.
Chodos v. Superior Court
215 Cal.App.2d 318 (Cal. Ct. App. 1963) Cited 16 times
In Chodos, the court compared the "sworn statement" requirement of section 2033 to the requirement that allegations in a sworn pleading must be answered under oath.
International Harvester Co. v. Superior Court
273 Cal.App.2d 652 (Cal. Ct. App. 1969) Cited 5 times
Docket No. 12229. June 3, 1969. PROCEEDING in mandamus to compel the Superior Court of Shasta County to grant a motion for summary judgment in a wrongful death action. Writ denied; order to show cause discharged. Rust, Hoffman Mills and David A. Tallant for Petitioner. No appearance for Respondent. Jack Halpin and William Braun for Real Parties in Interest. BRAY, J.[fn*] [fn*] Retired Presiding Justice of the Court of Appeal sitting under assignment by the Chairman of the Judicial Council. Petitioner
Lindgren v. Superior Court
237 Cal.App.2d 743 (Cal. Ct. App. 1965) Cited 8 times
Docket No. 29649. October 29, 1965. PROCEEDING in mandamus to compel the Superior Court of Los Angeles County to vacate an order striking certain answers to a request for admissions of fact and to deny a motion compelling further answers. Philbrick McCoy, Judge. Writ granted. Max E. Gilmore for Petitioner. Harold W. Kennedy, County Counsel, and Donald K. Byrne, Deputy County Counsel, for Respondent. Myron W. Curzon for Real Party in Interest. THE COURT. Petition for writ of mandate to require respondent

Bareno vs Rancho Auto And Truck Parts

13 Cited authorities

Holding that, although Government suggested dismissal as a sanction for its refusal to comply with a challenged court order, Government could challenge that underlying order in ensuing appeal of dismissal

Holding that because objections to requests for admissions were unchallenged by a motion to compel a further response, the denial of sanctions was proper

In Fredericks, an owner responded to a request for admission by admitting he had agreed to make payments to a contractor according to a payment schedule.

Upholding a finding of implied public dedication of a one-lane dirt road in the Santa Cruz Mountains

In Burke the defendant in an action on an attachment bond defended against a claim for the expenses incurred in winning the underlying action, by claiming, through denials, that the attachment could have been dissolved without winning the case on its merits.

In Chodos, the court compared the "sworn statement" requirement of section 2033 to the requirement that allegations in a sworn pleading must be answered under oath.