Lodestar, Sanctions: CCP § 128.5 Sanctions, With A Small Reduction, Were Affirmed Against The Defense Where A Mistrial Motion Was Granted Based On Violating The Parties’ Trial Stipulation On An Evidentiary Issue

The One Reduction Related To A Duplication Argument Not Supportable.

In Rodriguez v. Paramount Convalescent Group, Inc., Case No. B344443 (2d Dist., Div. 3 July 6, 2026) (unpublished), a trial court awarded $81,536.13 in attorney’s fees and costs under CCP § 128.5 against the defense and in favor of plaintiff where the defense violated the parties’ stipulation on presentation of certain evidence, resulting in a mistrial.  Based on the deferential abuse of discretion review standard, that award stood except for a $5,500 reduction for some duplication challenges which plaintiff could not surmount based on the trial record below.  Most of the factual or lodestar challenges were rejected on appeal.