Cases: Discovery

Discovery, Sanctions: Where Litigant Mooted A Motion To Compel Against Third Party By Withdrawing The Motion, Discovery Sanctions Of $9,981 Were Reversed

Cases: Discovery, Cases: Sanctions

General Discovery Statutes Did Not Justify The Reversed Result, And The Absence Of An Order Did Not Support Sanctions Under CCP § 1987.2.             Although discovery sanctions are generally affirmed under an abuse of discretion standard, that is not always the case against third parties because different standards apply.             Agnone v. Agnone, Case […]

Discovery, Sanctions: Litigant’s Response To Document Requests Does Not Need To Specify Which Documents Are Responsive

Cases: Discovery, Cases: Sanctions

Discovery Sanctions Were Vacated, With Litigant Also Substantially Complying With Document Production Requirements.             Plaintiff and his counsel were sanctioned $910 for misusing the discovery process, in Pollock v. Superior Court (Schuster), Case No. B321229 (2d Dist., Div. 1 July 31, 2023) (published), because plaintiff failed to specify what documents were being produced in the

Discovery, Judgment Enforcement, Sanctions: Lower Court’s Failure To Include Discovery Sanctions In Post-Trial Judgment Was Not Erroneous

Cases: Discovery, Cases: Judgment Enforcement, Cases: Sanctions

Discovery Sanctions Was An Independent Monetary Judgment Subject to Post-Judgment Enforcement.             In Marriage of Bush, Case No. G061202 (4th Dist., Div. 3 June 15, 2023) (unpublished), a family law judge issued $3,635 in discovery sanctions against wife, but the judge stayed any payment until a trial determined who owed what.  However, the monetary sanction

Discovery, Family Law: Lower Court’ $68,358 Monetary Sanctions And Issue Sanction Against Ex-Husband For Failing To Produce QuickBooks Flash Drive To Wife’s Accounting Expert Was Sustained On Appeal

Cases: Discovery, Cases: Family Law

CCP § 2023.030 Allowed For The Award, With Willful Discovery Defiance Found By The Lower Court.             A party’s failure to comply with discovery orders can have harsh consequences:  monetary sanctions; issue sanctions; and sometimes even dismissal or directives to enter a default judgment.  Ex-husband found that out in Marriage of Foulk, Case No. C094350

Appealability, Discovery: Monetary Sanctions, Not Intertwined With Nonappealable Issue Sanctions Order, Can Be Entertained On Appeal

Cases: Appealability, Cases: Discovery

$37,575 Monetary Sanctions Against Defendants For Discovery Noncompliance Affirmed, Given Defense Conduct.             Bad facts can lead to published decisions which are not complementary to a party not conducting itself appropriately in litigation.  Defendants in Deck v. Developers Investment Co., Case No. G061287 (4th Dist., Div. 3 Mar. 24, 2023) (published) learned that sad reality.

Appealability, Discovery: Discovery Sanctions Against Client’s Attorney For Client’s Failure To Appear At A Deposition Reversed

Cases: Appealability, Cases: Discovery

Nothing In The Statute Shows That Sanctions Are Allowable Against Client’s Attorney.             Castillo v. McCreary, Case No. B317493 (2d Dist., Div. 3 Feb. 21, 2023) (unpublished) is an interesting unpublished decision on an appealability issue and on whether discovery sanctions can be visited on a client’s attorney for his client’s failure to appear for

Discovery, Sanctions: 2/5 DCA Concludes $2.5 Million In Monetary Sanctions Awarded For Egregious Discovery Abuse, Under Code Civ. Proc. §§ 2023.010 and 2023.030, Was Not Statutorily Authorized And Reverses

Cases: Discovery, Cases: Sanctions

Citing Legal Precedent, Dissenting Justice Would Have Affirmed – Seeing No Basis For “The Majority’s Unprecedented Statutory Analysis.”             Nine months after plaintiff dismissed with prejudice its case in City of Los Angeles v. PricewaterhouseCoopers, LLC, Case No. B310118 (2d Dist., Div. 5 October 20, 2022) (published), PricewaterhouseCoopers (“PWC”) moved for monetary sanctions pursuant to

Appealability, Discovery: Plaintiff “Internet Troll” In California Discovery Litigation, Whose Motion To Quash Was Dismissed, Was Not Entitled To Attorney Fees Under CCP § 1987.2(c)

Cases: Appealability, Cases: Discovery

Appellate Court Also Rebukes Parties And Attorneys Whose Main Quest Is To Recoup Fees After A Defeat.             Here is how Doe v. McLaughlin, Case No. A161534 (1st Dist., Div. 2 Sept. 21, 2022) (published) began:             “Forty-four years ago our Supreme Court admonished that ‘The purpose of litigation is to resolve participants’ disputes,

Discovery: Defendant And Its Chicago Law Firm Ordered To Split Special Master Discovery Expenses For Failure To Preserve Text Messages And Misconduct Of Counsel During The Discovery Process

Cases: Discovery

“This was a large, important case for both parties.  The parties were entitled to zealous activity from their outside counsel and from their inside corporate attorneys.  However, zealous advocacy does not justify abusive conduct or hiding the ball.”             That was the conclusion of Senior U.S. District Judge R. Brooke Jackson in ORP Surgical, LLP

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