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Perspective

Sep. 13, 2013

Where the beginning meets the end

Even a party who "blows off" discovery and ignores court orders is still protected from damage awards that are not supported by pleadings that provide adequate notice. By Mitchell A. Jacobs and Lauri Kritt Martin


By Mitchell A. Jacobs and Lauri Kritt Martin


The case of In Re Marriage of Kahn, 2013 DJDAR 5434 (Cal. App. 4th Dist., April 26, 2013), shows that even a party who "blows off" discovery and ignores a court's orders to produce discovery responses is nevertheless protected from an award of substantial damages that are not supported by pleadings that provide adequate notice of the possibility of the damages.


The Court of Appeal upheld ...

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