KAHN v. KAHN

Docket No. 39273.

68 Cal.App.3d 372 (1977)

137 Cal. Rptr. 332

HENRY KAHN, Plaintiff and Appellant, v. MELVIN KAHN, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

March 24, 1977.


Attorney(s) appearing for the Case

COUNSEL

William P. Daley for Plaintiff and Appellant.

Trump, Kouba & Dickson, Angell, Adams & Holmes and John B. Dickson for Defendant and Respondent.


OPINION

LAZARUS, J.*

We are confronted on this appeal with a crucial question that seems to be of first impression in this jurisdiction: Is the dismissal of an action invoked as a sanction under Code of Civil Procedure section 2034, subdivision (b)(2), for failure to comply with the discovery rules a dismissal on the merits barring another action involving the same parties and subject matter?

This...

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