Cases: Discovery

Sanctions: Less Drastic Sanctions Than Evidentiary And Issue Sanctions Are In Order For Failing To Produce Computer Embedded Information During Trial

Cases: Discovery, Cases: Sanctions

Fourth District, Division 3 Reverses Sanctions, Ordering Reimbursement of Trial And Additional Discovery Costs.      As indicated on prior posts on e-discovery, litigators must be attuned to both pretrial, trial, and post-appeal sanctions that can be awarded against parties failing to produce computer embedded information. Here is one where the offending party got a break, […]

Discovery Sanctions: $25,607.03 In Sanctions Affirmed Where Attorney Interposed Too Many Deposition Objections

Cases: Discovery, Cases: Sanctions

Fourth District, Division 1 Did Vacate “Future Deposition” Sanctions.      The next post is a very pragmatic one for litigators involved in discovery battles. Cutting to the chase, an attorney was hit with substantial fees (sanctions) for interposing over 300 objections during the course of some depositions. The Fourth District, Division 1 affirmed, although they

Discovery Sanctions: Sanctions Against Litigants’ Attorneys Reversed Where Evidence Showed Client Was Responsible For Sanctionable Conduct

Cases: Discovery, Cases: Sanctions

Second District, Division 2 Reverses $3,387.50 Sanctions Award Against Attorneys.      Under various discovery statutes, the trial court has discretion to award discovery sanctions jointly and severally against losing litigant and/or their attorneys. However, attorneys have another defense in their quiver—the “my client made me do it” defense.      The Court of Appeal is Manzanares

Discovery Sanctions: $3,587.00 Deposition Sustained Because It Is Collateral And Not Independently Appealable Until Later

Cases: Appealability, Cases: Discovery, Cases: Sanctions

  Sixth District Provides a Good Lesson in Properly Timing Appeal of Discovery Sanctions Under $5,000.      This next unpublished case, in a 3-0 unpublished decision from the Sixth District, is a good reminder on when the appeal of smaller discovery sanctions orders—under $5,000—is properly made.      In Stough v. Klure, Case No. H034000 (6th

Discovery Sanctions: Monetary And Terminating Sanctions Affirmed For Repeated Discovery Disputes

Cases: Discovery, Cases: Sanctions

Fourth District, Division 3 Finds Sanctions Were No Abuse of Discretion.      The next case is one in which the Fourth District, Division 3 affirmed monetary and terminating sanctions against either plaintiff’s attorney or plaintiff based on failure to respond to requests or failing to be candid in electronic discovery matters. This shows how one

Discovery Sanctions: California Court Of Appeal Affirms $6,632.50 In Discovery Sanctions Against Party Who Failed To Adequately Answer Special Interrogatories

Cases: Discovery

Published Decision Is Must Reading For All Litigators Engaged in Discovery Disputes.      We knew that we would enjoy the next decision, because it analogizes discovery disputes to the imagery of Hotspur (Henry Percy)—who is graphically depicted in Shakespeare’s Henry IV as being blinded by a combative nature and incapable of informally resolving a disagreement

E-Discovery: Sanctions Result In 35% of Decisions Addressing These Issues

Cases: Discovery

Mr. Segal So Reports in Recent California Lawyer Article.      We would like to thank Mr. Perry L. Segal, an IT executive turned e-discovery attorney and consultant, for an interesting statistic he provided in his article “E-Discovery: New Rules, Big Headaches,” published in the September 2009 California Lawyer.      Mr. Segal reports that it’s estimated

E-Discovery Monetary Sanctions: Recent Maryland Federal Court Decision Nicely Summarizes Circumstances Justifying Monetary Cost/Fee Awards For Spoliation

Cases: Discovery, Cases: Sanctions

Case Also Addresses Other E-Discovery Issues of Interest.      Although we usually review only California decisions, a recent federal decision has a nice summary of the most typical situations justifying imposition of costs or attorney’s fees in instances where there was spoliation of potential evidence during the discovery phase of a case or after the

Discovery Sanctions: Appearing And Arguing The Merits Forfeits Challenge To Inadequate Notice

Cases: Discovery, Cases: Sanctions

  First District, Division 5 Affirms Discovery Sanctions Award Against Husband and Husband’s Attorney.      In In re Marriage of Moses and MacCallum, Case No. A121057 (1st Dist., Div. 5 Aug. 13, 2009) (unpublished), the appellate court affirmed joint sanctions of $2,000 assessed against husband and his attorney in a dissolution proceeding involving discovery abuses

RFA Cost-Shifting: Court Of Appeal Affirms $165,724.65 Award For Plaintiff’s Failure To Admit The Truth of RFAs Of Substantial Importance In Accounting Malpractice Case

Cases: Discovery, Cases: Requests for Admission

Second District, Division 1 Finds Award Was No Abuse of Discretion.      In our category “Requests for Admissions,” we have discussed numerous cases where substantial fees and costs have been awarded or not awarded when a litigant (usually a defendant) challenged a plaintiff’s refusal to admit the truth of certain requests for admissions. Code of

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