Appeal of Two Sanctions Orders Are Dismissed.
Warkentin v. Countrywide Home Loans, Case No. F059782 (5th Dist. Apr. 29, 2011) (unpublished) is a situation where the appellate court dismissed two appeals of sanctions orders, one of $2,012 for a plaintiff reasserting allegations that were earlier stricken from a pleading and the other amounting to $2,331.25 for discovery response “gamesmanship.” The reason for the dismissals? Simple: Code of Civil Procedure section 904.1(a)(11)-(12), which provides that an order granting monetary sanctions is not an appealable order unless the amount is over $5,000. Beyond that, Justice Kane on behalf of a 3-0 panel of the Fifth District observed that sanctions are mandatory for discovery “gamesmanship,” acknowledging that they “are routinely granted in such circumstances.”