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MacDONALD v. JOSLYN

Docket No. 32710.

275 Cal.App.2d 282 (1969)

79 Cal. Rptr. 707

ROBERT D. MacDONALD, Plaintiff and Respondent, v. MARCELLUS N. JOSLYN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

July 29, 1969.

Attorney(s) appearing for the Case

Morris Lavine for Defendant and Appellant.

Kindel & Anderson, Paul L. Freese and Malcolm George Smith for Plaintiff and Respondent.

FILES, P.J.

This action was brought to recover damages for the malicious prosecution of a will contest. Upon the ground that the defendant had wilfully refused to obey the orders of the court directing his appearance for the purpose of taking his deposition, defendant's answer was stricken and his default was entered. Following a default hearing, the court awarded plaintiff $123,052.91 as compensatory damages and $50,000 as exemplary damages. Costs were claimed and...

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