STEPHEN SLESINGER, INC. v. WALT DISNEY CO.

No. B178340.

66 Cal.Rptr.3d 268 (2007)

155 Cal.App.4th 736

STEPHEN SLESINGER, INC., Plaintiff and Appellant, v. The WALT DISNEY COMPANY, Defendant and Respondent.

Court of Appeal of California, Second District, Division Two.

September 25, 2007.


Attorney(s) appearing for the Case

Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Steven L. Mayer, Steven N. Sherr and Jerome B. Falk, Jr., San Francisco, for Plaintiff and Appellant.

O'Melveny & Myers, Alan Rader, Victor H. Jih, Kevin L. Vick and Daniel M. Petrocelli, Los Angeles, for Defendant and Respondent.


WILLHITE, Acting P.J.

In this case of first impression in California, we hold that when a plaintiffs deliberate and egregious misconduct makes any sanction other than dismissal inadequate to ensure a fair trial, the trial court has inherent power to impose a terminating sanction.

In 1991, plaintiff Stephen Slesinger, Inc. (SSI) sued defendant the Walt Disney Company (Disney), alleging that Disney failed to pay certain royalties under its licensing agreement...

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