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RUDOLPH v. EMPIRICAL RESEARCH SYSTEMS, INC.

No. 26142-1-II.

28 P.3d 813 (2001)

107 Wash.App. 861

William M. RUDOLPH, individually, Appellant, v. EMPIRICAL RESEARCH SYSTEMS, INC., a Nevada corporation, Respondent.

Court of Appeals of Washington, Division 2.

August 10, 2001.

Attorney(s) appearing for the Case

John M. Keefe, South Pasadena, CA, for Appellant.

Wayne Beale Knight, Stouffer & Knight, Tacoma, for Respondent.

QUINN-BRINTNALL, J.

Wallace Rudolph appeals from a trial court's order dismissing with prejudice his claim for payment of promissory notes he alleges are due him from Empirical Research Systems, Inc. ("ERSI"). The trial court dismissed the case after finding that Rudolph had failed to comply with ERSI's discovery requests. Holding that the trial court lacked authority to entertain ERSI's motion to compel under CR 37, we vacate the order of dismissal.

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