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ALLSTATE INS. CO. v. SUPERIOR COURT

No. 1 CA-SA 93-0319.

178 Ariz. 612 (1994)

875 P.2d 845

ALLSTATE INSURANCE COMPANY, a foreign corporation, Jeff Swanty and Jane Doe Swanty, husband and wife, James Durham and Jane Doe Durham, husband and wife, Does I-X and Black and White Corporations 1-10, Petitioners, v. SUPERIOR COURT of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Thomas W. O'Toole, a Judge thereof, Respondent Judge, Daniel KORMAN and Doreen Korman, husband and wife, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department E.

Review Granted July 6, 1994.

Attorney(s) appearing for the Case

Steptoe & Johnson by Floyd P. Bienstock, Lisa M. Bickel, Phoenix, for petitioners.

Solomon, Relihan & Blake, P.C. by H. Micheal Wright, Phoenix, for real parties in interest.

OPINION

NOYES, Judge.

The focus of this special action is the mandatory sanction of Rule 26.1(c), Arizona Rules of Civil Procedure. The trial court found that Plaintiffs/Real Parties in Interest ("the Kormans") had not shown good cause for their untimely filing of the initial disclosure statement required by Rule 26.1(b). Defendants ("Petitioners") moved for sanctions, including the sanction mandated by Rule 26.1(c), exclusion at trial of all evidence not...

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