Legal Opinion
Hartbrodt v. Burke
California Court of Appeal
Decided January 31, 1996No. B083490PublishedCited by 14 opinions
1Opinion of the Court
Opinion
VOGEL (C. S.), J.
The issue presented by this appeal is whether the terminating sanction of dismissal of the complaint may be imposed for refusal to comply with an order of production made pursuant to Code of Civil Procedure section 2031 when plaintiff’s refusal is based on the privilege against self-incrimination. A collateral issue is whether plaintiff may avoid a dismissal by voluntarily dismissing without prejudice prior to the hearing on the motion to dismiss. We resolve the first issue in the affirmative and the collateral issue in the negative and affirm the judgment.
Procedural…
2Cases cited9 opinions
- City & County of San Francisco v. Superior CourtCalifornia Supreme Court · 1951
- Deyo v. KilbourneCalifornia Court of Appeal · 1978
- Dowell v. Superior CourtCalifornia Supreme Court · 1956
- Wilson v. Superior CourtCalifornia Court of Appeal · 1976
- M & R PROPERTIES v. ThomsonCalifornia Court of Appeal · 1992
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kyle v. CarmonCalifornia Court of Appeal · 1999
- Mary Morgan, Inc. v. MelzarkCalifornia Court of Appeal · 1996
- Cravens v. State Board of EqualizationCalifornia Court of Appeal · 1997
- Law Offices of Andrew L. Ellis v. YangCalifornia Court of Appeal · 2009
- Gray v. Superior CourtCalifornia Court of Appeal · 1997
9 more not listed; retrieve them via the Exa API.