HARTBRODT v. BURKE

Docket No. B083490.

42 Cal.App.4th 168 (1996)

49 Cal. Rptr.2d 562

RICK HARTBRODT, Plaintiff and Appellant, v. WILLIAM BURKE et al., Defendants and Respondents.

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

January 31, 1996.


Attorney(s) appearing for the Case

COUNSEL

Engstrom, Lipscomb & Lack and Steven C. Shuman for Plaintiff and Appellant.

Quinn, Kully & Morrow, John J. Quinn, Eric L. Dobberteen, Sharon L. Douglass, Robert L. Corbin and James Bird for Defendants and Respondents.


OPINION

VOGEL (C.S.), J.

The issue presented by this appeal is whether the terminating sanction of dismissal of the complaint may be imposed for refusal to comply with an order of production made pursuant to Code of Civil Procedure section 2031 when plaintiff's refusal is based on the privilege against self-incrimination. A collateral issue is whether plaintiff may avoid a dismissal...

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