Scherrer v. Plaza Marina Commercial Corp.

Opinion

GARGANO, J.

The only issue presented in this appeal is whether the trial judge erred in striking appellant’s answer to respondent’s cross-complaint and in entering a default judgment in favor of respondent pursuant to the provisions of subdivision (d) of section 2034 of the Code of Civil Procedure. Subdivision (d) reads in pertinent part as follows: “If a party or a person for whose immediate benefit the action or proceeding is prosecuted or defended or anyone who at the time the deposition is set is an officer, director, or managing agent of any such party or person willfully fails to…