Munson v. Singer

California Court of Appeal

Munson v. Singer

238 Cal. App. 2d 697, 48 Cal. Rptr. 167, 1965 Cal. App. LEXIS 1188

CourtCalifornia Court of Appeal

DecidedDecember 13, 1965

DocketCiv. No. 7555

StatusPublished

Cited by1 cases

This text of 238 Cal. App. 2d 697 (Munson v. Singer) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Munson v. Singer, 238 Cal. App. 2d 697, 48 Cal. Rptr. 167, 1965 Cal. App. LEXIS 1188 (Cal. Ct. App. 1965).

Pincite

Opinion

BROWN (Gerald), P. J.

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. 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.

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