California, United States of America
The following excerpt is from Horak v. South Shores Dev. Corp., B216698, Ct. No. BC379704 (Cal. App. 2010):
nondisclosure supports such an evidentiary sanction. (See Thoren v. Johnston & Washer (1972) 29 Cal.App.3d 270, 274 [where "falsity lies in the deliberate omission of the name of a witness," an order barring the testimony of the witness may be entered].)
Appellants further argue that the trial court wrongfully created a standard that a deponent is required to volunteer information at a deposition. The trial court did no such thing. On the contrary, the trial court specified that the name should have been disclosed in response to "earlier written discovery."14 And finally, appellants claim that it was respondents' own fault that they did not have the name or identity of Shirek earlier as respondents could have brought a motion to compel if respondents thought that appellants' discovery responses were inadequate. Citing Saxena v. Goffney (2008) 159 Cal.App.4th 316, 333-334, appellants argue that the failure to timely file a motion to
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