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MONTGOMERY WARD & CO. v. SUPERIOR COURT

No. 1 CA-SA 93-0237.

176 Ariz. 619 (1993)

863 P.2d 911

MONTGOMERY WARD & CO., INC., a foreign corporation; General Tire, Inc., a foreign corporation, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Elizabeth Stover, a judge thereof, Respondent Judge, Gustavo GARCIA and Soccorro Garcia, husband and wife; Juan Martinez, a single person; Jose Montijo, a single person; Frances Garcia, as the surviving spouse of Jose L. Garcia, decedent, Real Parties in Interest.

Court of Appeals of Arizona, Division One, Department C.

November 23, 1993.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Ralph E. Hunsaker, Frank M. Fox, Phoenix, for petitioners.

Plattner Verderame, P.C. by Richard S. Plattner, and Law Office of John D. Shaw by John D. Shaw, Phoenix, for real parties in interest Gustavo Garcia, Juan Martinez and Jose Montijo.

Pasquale R. Cheche, P.C. by Pasquale R. Cheche, Phoenix, for real party in interest Frances Garcia.

OPINION

NOYES, Judge.

Montgomery Ward and General Tire (Defendants) filed this special action after the trial court resolved a discovery dispute by granting Plaintiffs' Motion to Strike Defendants' Answer for violation of Rule 26.1, Arizona Rules of Civil Procedure (Rule). We have jurisdiction pursuant to Arizona Revised Statutes Annotated (A.R.S.) section 12-120.21(A)(4). We accepted jurisdiction because Defendants have no speedy and adequate remedy by appeal...

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