Legal Opinion
Kahn v. Kahn
California Court of Appeal
Decided March 24, 1977No. Civ. 39273PublishedCited by 46 opinions
1Opinion of the Court
Opinion
LAZARUS, J. *
We are confronted on this appeal with a crucial question that seems to be of first impression in this jurisdiction: Is the dismissal of an action invoked as a sanction under Code of Civil Procedure section 2034, subdivision (b)(2), for failure to comply with the discovery rules a dismissal on the merits barring another action involving the same parties and subject matter?
This litigation arises from a dispute over property rights between two brothers who were former partners in a furniture business. The appeal is from a judgment of dismissal of the second of two suits (the…
2Cases cited42 opinions
- Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
- Costello v. United StatesSupreme Court of the United States · 1961
- Hammond Packing Co. v. ArkansasSupreme Court of the United States · 1909
- Rose v. State of CaliforniaCalifornia Supreme Court · 1942
- Greyhound Corp. v. Superior CourtCalifornia Supreme Court · 1961
37 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Deyo v. KilbourneCalifornia Court of Appeal · 1978
- Peat, Marwick, Mitchell & Co. v. Superior CourtCalifornia Court of Appeal · 1988
- Heidary v. YadollahiCalifornia Court of Appeal · 2002
- State v. SzarkowitzCourt of Appeals of Wisconsin · 1990
- Hodge v. KIRKPATRICK DEVELOPMENT, INC.California Court of Appeal · 2005
41 more not listed; retrieve them via the Exa API.