Billington v. Interinsurance Exchange

Plaintiff was injured in an automobile accident on March 20, 1962, while riding as a guest in the car of Michael James Giesler, who was defendant’s insured. She filed an action alleging that Giesler was guilty of wilful misconduct and intoxication, and defendant filed an answer on Giesler’s behalf, asserting plaintiff’s contributory negligence and assumption of risk as defenses. Giesler failed to appear for his deposition after numerous attempts by defendant to persuade him to do sp, and the trial court granted plaintiff’s motion made under section 2034, subdivision (d), of the Code of Civil…