Kaur v. Heer CA2/1
Niranjan Kaur sued her son and daughter-in-law for financial elder abuse. After Kaur stipulated to facts at trial but before she called her first witness the trial court granted defendants’ motion for nonsuit on the ground that a discovery sanction precluded Kaur from proving facts sufficient to support her claim. Kaur argues the motion was procedurally improper because she had no opportunity to make an opening statement, and failed on its merits because it is uncertain whether the discovery sanction precluded evidence sufficient to support her claim. We agree with both contentions, and therefore reverse.
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