Discovery Abuses: Play Nice Or Pay The Price!

The trial court ordered the entry of default after finding discovery abuses, including the concealment and destruction of requested documents. At the prove-up hearing, the trial court determined plaintiff was entitled to $691,280 in damages. The appellate court affirmed, concluding defendants willfully failed to comply with court orders, and that defendants “willfully concealed or destroyed written documents and other records.” (Los Defensores, Inc. v. Gomez  (Cal. App. Second Dist., Div. 4; January 24, 2014) 223 Cal.App.4th 377, [166 Cal.Rptr.3d 899].)