A & M Records, Inc. v. Heilman

In A & M Records, Inc. v. Heilman (1977) 75 Cal.App.3d 554, the defendant in a civil suit refused to produce any documents or to answer any substantive questions at his deposition based on his invocation of the Fifth Amendment privilege. (A & M Records, supra, at p. 564.) In response, the trial court issued a sanction order prohibiting the defendant from introducing at trial any documents that he had failed to produce in discovery and from testifying at trial about any matters for which he had refused to answer questions at his deposition. (Id. at p. 565.) The Court of Appeal affirmed on the grounds that "the action taken by the trial court was a fair and just resolution of the problem. . . . The defendant was precluded from testifying at trial only on matters upon which he had asserted in discovery his privilege against self-incrimination. He was not prevented from testifying concerning matters as to which he had been forthcoming nor was he prevented from presenting documentary evidence or the testimony of other witnesses to support his defenses." (Id. at p. 566.)