Grease Monkey Racing v. Fortune Market Media
Plaintiffs in this case are Grease Monkey Racing, Inc. (Grease Monkey), doing business as Sigalsport, a sports car racing team, and Grease Monkey’s owner and president, Gene Sigal. The trial court imposed terminating sanctions on defendants and appellants Fortune Market Media, Inc., Fortune Market Financial Network, Inc., BZCOM Marketing, Inc., Galinda Vaynter, Vadim Vaynter, Arthur Kats, and Ryan Tomlinson (collectively defendants). The court found that defendants engaged in a pattern of willful discovery abuse. It entered a default judgment against defendants. The court also dismissed with prejudice defendants’ cross-complaint, which was brought against plaintiffs and several other cross-defendants not parties to the discovery, Trista Sigal, Emmanuel Lupe, and ELO, Inc. (collectively the nonpropounding cross-defendants). Defendants contend the imposition of terminating sanctions was an abuse of discretion, the trial court erred in allowing the nonpropounding cross-defendants to benefit from the sanctions, and it failed to follow proper procedures in setting the monetary amount of the default judgment. Because we conclude the court’s orders were not an abuse of discretion and the default judgment was properly entered, we shall affirm the judgment and orders under review.
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