Sher v. Chand

I dissent because defendant’s “defaults” in discovery occurred during a time: (1) the court was proceeding without the presence of a necessary party; and, (2) that jurisdictional defect was noticed to the court by defendant’s motion to dismiss filed long BEFORE any discovery failure occurred. As a matter of law, the trial court entered sanction orders against defendant in a case where, and at a time when, it had not acquired jurisdiction.

I also dissent because the addition of a necessary-party plaintiff after defendant was sanctioned and defaulted denies defendant a guaranteed right to defend…