nSight v. Oracle
What began as a simple effort to collect moneys due and owing under computer software contracts burgeoned into an acrimonious dispute in both state and federal court. Plaintiff nSight, Inc. eventually got its money from Oracle USA, Inc. (successor in interest to PeopleSoft, Inc.), but by then matters were spiraling out of control. nSight and its attorney were repeatedly assessed monetary sanctions for failure to provide discovery. Finally, although the trial court declined to impose a terminating sanction, it did impose the lesser sanction of deeming a large number of factual issues to be admitted by nSight. With no material issues of fact remaining, when the case was sent to trial the court granted Oracles motion for judgment on the pleadings. After entering a net judgment of slightly less than $12,000 for nSight, the trial court awarded nSight slightly more than $30,000 in contractual attorney fees. Prior to entry of the judgment, nSight filed a notice of appeal from three of the sanction orders.
As Court explain, only the final judgment is properly before us. nSights appeal from the judgment permits review of mostbut not allof the sanction orders. We conclude that none of the intermediate sanction orders can be reversed as an abuse of the trial courts discretion to adopt sanctions for a partys failure to provide discovery. Court affirm the judgment, and dismiss a purported appeal from a nonappealable order.
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