Cases: Discovery

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                In Cooke v. Tayac, Case No. A170044 (1st Dist., Div. 4 Dec. 12, 2024) (unpublished), defendants moved for discovery sanctions after the discovery cut-off and formal close of discovery.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 v. Seiden, Case No. B332296 (2d Dist., Div. 1 Nov. 22, 2024) (unpublished) had discovery sanctions imposed for deficient special interrogatory responses after filing no written opposition to the discovery sanctions motion.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

Discovery: 1/4 DCA Considers Some First Impression Issues Relating To Deposition Third-Party Subpoena Awards In Marital Dissolution Case

Cases: Discovery

60-Day Deadline To Compel Runs From Proper Service Of The Subpoena, No Separate Statement Absolutely Required If Motion Provides A Road Map, And Post-Motion Meet And Confer Discovery Efforts Are Not Compensable As A Cost In Bringing A Motion To Compel.                Marriage of Moore, Case No. A165038 (1st Dist., Div. 4 May 21, 2024)

Costs, Discovery: Court Of Appeal Found Nothing Wrong In Allowing Recovery Of Routine Costs For Filing Discovery Motions, Even If They Were Unsuccessful And Costs/Fees Were Denied Against Defendants In The Discovery Proceedings

Cases: Costs, Cases: Discovery

No Authority Shown To Conclude Otherwise, With Routine Costs And Actual Discovery Sanctions Serving Distinct Purposes.                In BBBB Bonding Corp. v. Pilling-Miller, Case Nos. H050703 et al. (6th Dist. May 10, 2024) (unpublished), plaintiff lost trade secret misappropriation and related claims, with costs of $34,989 out of a requested $44,989 awarded to the prevailing

Discovery, Sanctions: $10,000 Discovery Sanctions Against Clients’ Ex-Attorney Affirmed On Appeal

Cases: Discovery, Cases: Sanctions

Substitution Out Prior To Discovery Hearing Did Not Preclude The Sanctions Award, With Appealing Attorney Chided For Incivility.                Sometimes attorneys just need to “take their lumps” for discovery abuse, whether inspired by the client, counsel, or both to some degree.  Masimo Corp. v. The Vanderpool Law Firm, Inc., Case No. G061829 (4th Dist., Div.

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

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