Cases: Discovery

Discovery, Sanctions: $25,000 In Discovery Sanctions Against Ex-Wife, Based On Ex-Husband’s Success In Not Having To Answer 90% Of Certain Requests, Were Affirmed On Appeal

Cases: Discovery, Cases: Sanctions

Various Challenges, Including Fee Substantiation Challenges, Rejected On Appeal. In Malinowski v. Martin, Case No. A167576 (1st Dist., Div. 3 Dec. 4, 2025) (unpublished), the appellate court affirmed a $25,000 discovery sanctions award in favor of ex-husband, who predominantly won by having not to respond to about 90% of ex-wife’s discovery requests.  Her principal challenges […]

Discovery, Substantiation Of Fees:  4/3 DCA Decides That Appellate Fees For Upholding Inspection Demand Discovery Sanctions Are Authorized Fee-Shifting

Cases: Discovery, Cases: Substantiation of Reasonableness of Fees

However, The Appellate Court Reduces Fees A Bit For Fees On Fees Work By A Higher Billing Attorney And Cautions That The Real Rate Report Has To Be Used With Precision. In Baer v. Tedder, Case Nos. G063642 et al. (4th Dist., Div. 3 Nov. 10, 2025) (published), the appellate court held that appellate fees

Appeal Sanctions, Discovery: Denial Of Discovery Sanctions Was Nonappealable, $1,500 Discovery Sanctions Was Nonappealable, And $6,500 Discovery Sanctions Was No Abuse Of Discretion

Cases: Appeal Sanctions, Cases: Discovery

Appellant’s Counsel Assessed With Frivolous Appeal Sanctions Of $30,000 Morales v. City and County of San Francisco, Case No. A170154 (1st Dist., Div. 3 Sept. 4, 2025) (published) highlights a lesson for all practitioners: sometimes it is better not to appeal non-appealable orders and not to challenge discovery rulings, which are by and large discretionary

Discovery, Family Law: $165,188.75 Needs-Based Award To Ex-Wife Reversed Because Lower Court Failed To Consider Whether Her Discovery Efforts Were Unreasonable Or Over Litigated

Cases: Discovery, Cases: Family Law

Record Below Showed The Lower Court Pulled The Trigger Too Fast.                Tragni v. Tragni, Case No. A169130 (1st Dist., Div. 5 Aug. 12, 2025) (unpublished) is one of those rare cases where a needs-based family law award to an ex-wife was reversed for an abuse of discretion.  We now explore why.                Ex-wife received

Discovery: Post PricewaterhouseCoopers Supreme Court Decision, 2/3 DCA Decides That $9,981 Sanctions Award Against Third-Party Witness Was Justified

Cases: Discovery

Sanctions Fell Within “Unusual Forms Of Discovery Dispute” Situations Encompassed In PricewaterhouseCoopers Decision.                In City of Los Angeles v. PricewaterhouseCoopers, LLP, 17 Cal.5th 46, 72-74 (2024), the California Supreme Court determined that the inherent authority of the court could allow for imposition of discovery sanctions, independent of express Discovery Act provisions, where there were

Discovery, Sanctions: Discovery Sanctions Reversed Where Moving Party Failed To Comply With Late Discovery Motion Dictates After The Discovery Cut-Off Date And Before Trial

Cases: Discovery, Cases: Sanctions

CCP §§ 2024.020, 2024.050 Were Not Complied With, And That Was Prejudicial.                In Cooke v. Tayac, Case No. A170044 (1st Dist., Div. 4 Dec. 12, 2024) (unpublished), defendants moved for discovery sanctions after the discovery cut-off and formal close of discovery.  The lower court granted the defense motion for sanctions in the amount of

Discovery, Sanctions: Appellate Court Determines That Litigant Not Filing A Written Opposition To A Discovery Sanctions Motion Is Not Guaranteed A Right To Oral Argument

Cases: Discovery, Cases: Sanctions

Nothing In The Discovery Sanctions Or Other Law Mandates That Result.                A cross-complainant in Bogota Corp. v. Seiden, Case No. B332296 (2d Dist., Div. 1 Nov. 22, 2024) (unpublished) had discovery sanctions imposed for deficient special interrogatory responses after filing no written opposition to the discovery sanctions motion.  On appeal, he argued that he

Discovery: California Supreme Court Decides That General Discovery Statutes Allow A Trial Judge, Where Specific Discovery Sanctions Statutes Do Not Cover Egregious Discovery Abuses, To Inherently Impose Monetary Sanctions For Abuses

Cases: Discovery

However, Notice/Causation/Reasonableness Principles Are Still In Play, Just Under Specific Discovery Abuse Statutes.                In City of Los Angeles v. Pricewaterhousecoopers, LLP, Case No. S277211 (Cal. Supreme Ct. Aug. 22, 2024) (published), the California Supreme Court decided that the general sections of the Civil Discovery Act, CCP § 2023.010 and § 2023.030, allow a trial

Discovery: $4,508 In Attorney’s Fees Awarded Against MyPillow Mogul Mike Lindell In November 2020 Election Case Resulting In An Earlier $5 Million Adverse Judgment

Cases: Discovery

Fee Request Reduced For Excessive Hourly Rates And For Overbroad Discovery Requests.                In an August 8, 2024 post by some writers for the Business Insider, they report that MyPillow mogul Mike Lindell—who supposedly offered to pay $5 million to any person who could disprove his cyber data and other data relating to the November

Discovery, Sanctions: $9,495 In Sanctions Against Client And Her Attorney For Failing To Reasonably Meet And Confer On Discovery Disputes Was Affirmed On Appeal

Cases: Discovery, Cases: Sanctions

Unpublished Opinion Has A Discussion On What Not To Do In The Meet And Confer Battles.                In Estate of Ambrose-Gordon, Case Nos. A169189 et al. (1st Dist., Div. 5 June 24, 2024) (unpublished), a probate litigant and her attorney were sanctioned $9,495 in discovery sanctions for failing to reasonably meet and confer with the

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