Varena v. Duba CA1/4
This appeal of a civil discovery sanctions award arises from litigation following an allision between two charter vessels on October 5, 2013. One of the boat owners, Scott Varena, filed a complaint against the other boat owner, John Christopher Duba, alleging negligence and intentional infliction of emotional distress. Duba filed a cross-complaint alleging breach of contract and fraud (intentional deceit and negligent misrepresentation), for Varena’s alleged failure to abide by an oral agreement to accept $400 “as full and final compensation for any and all damages sustained by [Varena] as a result of the October 5, 2013 allision,” including for loss of tour business and hull damage. Varena filed 10 motions to compel responses and further responses to his written discovery requests. The trial court denied all 10 motions and imposed monetary sanctions of $6,331.60 against Varena and his counsel. Varena appealed. We affirm the sanctions orders and award Duba costs on appeal.
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