Sanctions Order Reversed After Grant Of Summary Judgment Affirmed.

Plaintiff, a corporation, propounded special interrogatories to defendant. Defendant did not provide answers because it contended plaintiff, as a suspended corporation, lacked the capacity to prosecute the action. The trial court agreed and awarded monetary sanctions to defendant. Subsequently, the trial court granted summary judgment in favor of defendant. The appellate court affirmed the grant of summary judgment, and stated “the only question that remains is the propriety of the discovery sanctions.” The award of sanctions was reversed because the defendant did not raise the issue of plaintiff’s capacity to sue at its earliest opportunity. V&P Trading Co. v. United Charter, LLC  (Cal. App. Third Dist.; December 19, 2012) (Case No. C070571).