Wolf v. World Savings Bank
Plaintiffs Billie Keith Wolf and Lisa Wolf (the Wolfs) had an account with defendant World Savings Bank (the Bank). The Wolfs filed a first amended complaint against the Bank and three bank employees, Jennifer Perry, Denise Garner, and Geneva Olano, seeking tort damages under various causes of action.[1] The Bank, Garner, and Olano (collectively, the defendants) filed a general demurrer to the complaint and a motion for sanctions due to the Wolfs alleged failure to obey the trial courts order compelling discovery. The court sustained the demurrer without leave to amend. (See Code Civ. Proc., 472a.)[2] The court also granted the motion for sanctions, ordering in part that the Wolfs are precluded from introducing any evidence regarding their alleged damages or mental incapacity during the relevant time period. The Wolfs appeal from the resulting judgment of dismissal (see 581, subd. (f)(1)), contending that the court erred in sustaining the demurrer to their entire complaint, and erred in ordering the evidence preclusion discovery sanction. As we find that the Wolfs have not carried their burden of showing that the trial court abused its discretion, Court affirm the judgment.
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