In Greenup v. Rodman 42 Cal . 3d 822, 825 (1986) after a majority shareholder used involuntary dissolution procedures to transfer certain corporate assets to another corporation in which he was sole shareholder, the minority shareholder filled suit.
During the course of the lawsuit, Plaintiff commenced discovery. Defendant actively resisted both document production and deposition.
After repeated failures to appear and numerous postponements, he appeared at the deposition on 12th February, 1981, rescheduled at his request, only to refuse to answer questions because it was a "legal holiday".
At a June 1981 deposition, on a court order to appear with records at the office of Plaintiff's counsel, " Rodman [ the defendant ] produced an assortment of papers in a box filled with straw and horse excrement, which he laughingly dumped on the table. After [ Plaintiff's ] counsel and the court reporter had inspected the documents for an hour, Rodman announced they must be sure to wash their hands thoroughly because the straw had been treated with a toxic chemical readily absorbed through the skin. "
Consequently, on Plaintiff's Motion, the court struck the Defendant's Answer from the record and a default was entered against him.
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