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SOLE ENERGY CO. v. HODGES

Nos. G031282, G032002, G032102.

26 Cal.Rptr.3d 823 (2005)

128 Cal.App.4th 199

SOLE ENERGY COMPANY et al., Plaintiffs and Respondents, v. Morris V. HODGES et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Three.

As Modified April 26, 2005.

Attorney(s) appearing for the Case

Brady, Vorwerck & Ryder, Ravi Sudan, Glendora, and James Brady, Walnut Creek, for Defendants and Appellants Morris V. Hodges, Hillcrest Beverly Oil Corporation, and Kaymor Petroleum Products.

Law Offices of Norman Rasmussen, Norman Rasmussen; Blumberg Law Corporation and Ave Buchwald, Long Beach, for Defendant and Appellant Nevadacor Energy, Inc.

Hornberger & Brewer, Nicholas W. Hornberger and James F. Lindsay, Los Angeles, for Plaintiffs and Respondents.

OPINION

FYBEL, J.

INTRODUCTION

The trial court entered the defaults of four defendants as a sanction for their discovery abuses. Default judgment was entered against them in an amount exceeding $27 million, and the defendants appealed.

We reverse the judgment because the defendants did not receive notice their defaults might be entered as a discovery sanction and were not provided an opportunity to be heard on the matter. The defendants...

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