Budden v. Dykstra

The principal issue in this breach of contract case is whether the trial court erred in dismissing defendants’ unconscionability defense as a sanction for failure to comply with orders compelling discovery. According to defendants, the trial court failed to make appropriate findings and to consider less drastic sanctions and, in any event, the sanction was unduly harsh. Plaintiff contends that defendants did not preserve their objections as to the lack of findings and that, on the merits, the trial court made adequate findings to support a reasonable sanction under the circumstances. We agree…