Cases: Discovery

Appeal Sanctions, Discovery, Sanctions: $7,870.41 Discovery Sanctions Affirmed On Appeal For Failure To Produce Metadata For A Crucial Meeting Summary Which Was The Bases For An Employee’s Termination

Cases: Appeal Sanctions, Cases: Discovery, Cases: Sanctions

Defense’s Privilege Objections Found Unpersuasive, But A Request for Appeal Sanctions Was Denied. The lower court in Romero v. Gopher Media LLC, Case No. D086508 (4th Dist., Div. 1 Aug. 5, 2026) (unpublished) imposed $7,870.41 in discovery sanctions on defendants for failing to produce a crucial meeting summary used to justify plaintiff’s employment termination in […]

Discovery, Ethics, Sanctions: In Pro Per Litigant Not Automatically Disqualified As Far As Seeking $1,000 In Monetary Sanctions From Defense For Failing To Produce Document Responses Under CCP § 2023.050

Cases: Discovery, Cases: Ethics, Cases: Sanctions

Litigant Did Not Need To Show Expenses Were Actually Incurred, Plus The Appellate Court Reminds Us That Civility Applies To Both Self-Represented And Represented Litigants. In Damak v. Superior Court, Case No. G065583 (4th Dist., Div. 3 July 8, 2026) (published), a self-represented litigant (plaintiff) filed a motion to compel when the defense did not

Discovery, Sanctions: Although Spoliation Issues Sanction Order Was Reversed, $16,000 Discovery Monetary Sanctions Were Proper Based On Motion Compelling Further Discovery Responses

Cases: Discovery, Cases: Sanctions

Although Spoliation and Motion To Compel Issues Were Inextricably Intertwined, Motion To Compel Ruling Supported The Sanctions Award Where The Claimed Expenses Were Not Allocated To Any Specific Relief. In Glickman v. Newmeyer & Dillion LLP, Case No. G065111 (4th Dist., Div. 3 May 13, 2026) (unpublished), our local Santa Ana Court, in a 3-0

Discovery: $20,000 Discovery Sanctions For Litigant’s Failure To Meet And Confer On Third Party Subpoena Is Affirmed On Appeal

Cases: Discovery

Substantial Evidence Supported The Result, Not To Mention A $35,000 Reduction In Requested Fees Showed No Arbitrary Result. Discovery disputes are contentious, and lower courts have a hard time on them based on the numerous issues that may be involved.  However, they have no problems sanctioning for a failure to meet and confer.  And that

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

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