Rodriguez v. Brill
Plaintiff Marta Rodriguez appeals from the judgment entered in favor of defendant Thomas Brill, asserting the trial court erred when it dismissed her complaint as a sanction for her failure to respond to discovery requests and to comply with a prior trial court order compelling her to do so. We conclude the trial court acted within its discretion and affirm the judgment.
Rodriguez also attempts to appeal from the constructive denial of her motion for relief from the judgment pursuant to the provisions of Code of Civil Procedure section 473, subdivision (b).[1] The trial court ruled on this motion after the notice of appeal had been filed. Since the matter was stayed pursuant to section 916, subdivision (a), the trial court acted in excess of its jurisdiction and its order denying the motion is void. We therefore remand the matter to the trial court to permit it to reconsider the motion.
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