Vaughn v. Coccimiglio

Defendants answered ready when the case was called for trial. No evidence was introduced. Nonetheless, the court entered findings of fact, conclusions of law, and judgment in favor of plaintiff. Defendants appeal. The judgment is based upon an erroneous application of the presumption that “evidence wilfully suppressed would be adverse if produced” (Code Civ. Proc., § 1963, subd. 5).

Plaintiff’s verified complaint sought judgment setting aside alleged fraudulent conveyances by her judgment debtor to his codefendants. Verified answer denied essential allegations of the complaint. When the case…