Rittenhouse Associates, Inc. v. Frederic A. Potts & Co.

DUFFY, Justice:

In this litigation involving 'title to an easement and related matters, the Superior Court dismissed the complaint as to defendants Frederic A. Potts and Co., Inc. (Potts), United States Borax & Chemical Corporation (United States Borax), and Van De-mark & Lynch, Inc. (Van Demark) for failure of plaintiff, Rittenhouse Associates, Inc. (Rittenhouse), to comply with discovery orders. That ruling is on appeal here.

I

Superior Court Rule 37(b)(2)(C) authorizes dismissal of an action when the complaining party fails to comply with court-ordered discovery. A default judgment may also…