Tovella v. Megarit CA4/3

Filed 8/2/24 Tovella v. Megarit CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

RON TOVELLA,

Plaintiff and Respondent, G061468

v. (Super. Ct. No. 30-2018-00965245)

MICHAEL MEGARIT, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard Y. Lee, Judge. Reversed and remanded. John L. Dodd & Associates and John L. Dodd for Defendant and Appellant. RMO and Sean D. Muntz and Phillip J. Szachowicz for Plaintiff and Respondent. * * *

Michael Megarit appeals from a default judgment entered in favor of Ron Tovella. Megarit contends the default judgment must be vacated because the court erred in striking his answer. We agree. We therefore reverse the judgment with instructions to vacate the orders entering default and striking the answer.

FACTS Tovella filed a complaint against Megarit alleging causes of action including for breach of contract, fraud, conversion, and unjust enrichment. Megarit filed an answer. Following discovery, Tovella filed a motion to compel interrogatory responses; he also sought monetary sanctions. The court granted the discovery motion but denied the request for sanctions on procedural grounds. When he received no further discovery responses, Tovella filed a motion to strike Megarit’s answer and enter his default. Tovella again requested monetary sanctions. The court granted the motion and ordered Megarit to pay sanctions and provide discovery responses.1 The trial court ordered a mandatory settlement conference; Megarit did not appear. The court calendared an order to show cause (OSC) regarding whether it should strike Megarit’s answer. The order stated, “[f]ailure to appear at the [OSC] . . . will result in sanctions including striking the answer and possible entry of default.” Megarit again failed to appear at