Cases: Discovery

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 […]

E-Discovery: Georgia Federal Court Orders Defendant To Reimburse Plaintiff $1,022,700 In Attorney’s Fees And Costs As Discovery Sanction

Cases: Discovery, Cases: Sanctions

District Court Opts for Sanctions Rather Than Entering Astronomical Default Judgment.      This one certainly caught our eye and illustrates how e-discovery sanction can involve steep reimbursement of significant attorney’s fees and costs.      In Kipperman v. Onex Corp. (Kipperman II), 2009 U.S. Dist. LEXIS 44457 (N.D. Ga. May 26, 2009), a district judge found

Civil Code Section 1717: Bankruptcy Related Actions Were Recoverable By Successful Lender

Cases: Bankruptcy Efforts, Cases: Discovery, Cases: Section 1717

Fourth District, Division 1 Finds No Basis To Assess Fees Against Nonsignatory Individual Principal In the Absence of an Alter Ego Finding.      In New Century Corporation v. Positive Investments, Inc., Case No. ECU03797 (4th Dist., Div. 1 July 8, 2009) (unpublished), lender was awarded attorney’s fees of $83,329 under an attorney’s fees clause of

Discovery Sanctions: Fifth District Reverses $1,190 Sanctions Award Against Plaintiff When Trial Court Granted Reconsideration On Tardy Expert Witness Augmentation

Cases: Discovery, Cases: Sanctions

Fifth District Found That Absence of Sanctions Request in Motion for Reconsideration Meant the Award Violated Due Process.      Frequently, we have discussed sanctions awards that are vacated because they do not comply with due process. Here is another one, occurring in connection with a successful defense reconsideration motion regarding a tardy expert witness augmentation.

Discovery: Governor Schwarzenegger Signs New E-Discovery Rules Into Law

Cases: Discovery

Rules Go Into Effect Immediately.      Because discovery disputes can carry monetary sanctions (including attorney’s fees), we alert readers to the fact that effective June 29, 2009, California has new statutory provisions relating to electronic discovery. Assembly Bill No. 5 adds Code of Civil Procedure sections 1985.8 and 2031.285 as well as amends sections 2016.020,

Discovery Sanctions: $2,265 Sanctions For Nonparty’s Failure to Appear At Discovery “Records and Appearance” Deposition Affirmed On Appeal

Cases: Discovery, Cases: Sanctions

First District, Division 3 Resolves Conflict Between CCP sections 1987.5 and 2020.510(b).      A percipient nonparty witness was served with a deposition subpoena commanding him to give testimony and produce documents during the discovery process. However, the subpoena had no affidavit or declaration of good cause. Nonparty banked on the invalidity of the subpoena because

Lemon Law: Appellate Court Affirms $344,600 Fee Award, Adds Another $57,587 For Discovery Referee Fees, And Remands For More Postjudgment Fees

Cases: Consumer Statutes, Cases: Discovery, Cases: Reasonableness of Fees

Fourth District, Division 3 Affirms and Augments Fee Awards, After Also Determining that Defense Tactics Required Terminating Sanctions For Bad Faith Discovery Abuses.      Here is another wild one, dictated by the unusual set of facts at play. It is also a modern day parable reminding all litigators that they need to avoid “hiding the

Federal Discovery In Post-Trial Fee Proceedings: San Diego Federal Magistrate Rules Discovery Must Be Discrete and Limited in Nature

Cases: Discovery

Magistrate Also Rules that Post-Trial Expert Fee Declarations Are Not Subject to Pre-Trial Expert Report Disclosure Requirements.      This next post discusses a topic that we have seen very few decisions on: the scope of federal discovery in post-trial fee proceedings, which are usually based on affidavits or declarations submitted by the attorneys requesting fees

Costs Memorandum Following Voluntary Dismissal: Court Of Appeal Determines No Proposed Judgment Needs To Be Additionally Filed

Cases: Costs, Cases: Discovery

First District, Division 3 Disagrees With Weil & Brown Treatise Commentary.      After plaintiff voluntarily dismissed her action, two defendants timely filed cost memoranda, but did not submit proposed judgments in addition to the memoranda. Plaintiff argued that the failure to submit these extra proposed judgments barred recovery of costs based primarily on a commentary

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