Cases: Discovery

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             Castillo v. McCreary, Case No. B317493 (2d Dist., Div. 3 Feb. 21, 2023) (unpublished) is an interesting unpublished decision on an appealability issue and on whether discovery sanctions can be visited on a client’s attorney for his client’s failure to appear for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

Discovery, Judgment Enforcement: Peripheral Objector’s Unsuccessful Opposition to Motions To Compel Compliance To Judgment Enforcement Third Party Subpoenas Affirmed On Appeal

Cases: Discovery, Cases: Judgment Enforcement

Sanctions Order Was Only $6,750, Although Losing Objector Is Now Liable For Substantially More In Appellate Fees.             This next case, Vision en Analisis y Estrategia v. Erwin Legal, Case No. G059669 (4th Dist., Div. 3 Feb. 17, 2022) (unpublished), demonstrates that sometimes a losing party/objector should take minor bumps rather than pursue an appeal

Discovery, Sanctions: No Abuse Of Discretion In Trial Court’s Order Issuing $6,150 In Sanctions Against Defendant For Failure To Timely Respond To Two Sets Of Discovery Requests Served By Email.

Cases: Discovery, Cases: Sanctions

Defendant Did Not Claim Email Service Was Improper Or That Discovery Requests Had Not Been Received, And Did Not Demonstrate That It Acted With Substantial Justification Or That The Sanctions Were Unjust Or Unreasonable.             Personal injury defendant appealed the trial court’s order issuing $6,150 in sanctions against it – $3,075 each for defendant’s failure

Discovery, Sanctions: 1/3 DCA Affirms $7,550 Sanctions Award Against Defendant And Her Attorney

Cases: Discovery, Cases: Sanctions

Unpublished Opinion Has Good Discussion Of Discovery Sanctions Burdens And Need To Reasonably Engage In Meet And Confer Discovery Sessions.              Price-Simms, LLC v. Gallegos (Fry), Case No. A160893 (1st Dist. Div. 1 Oct. 6, 2021) (unpublished) is a situation where the appellate court affirmed a $7,550 discovery sanctions against defendant and her attorney (the

Discovery, Sanctions: Third District Reverses Deposition Discovery Sanctions Against Attorney Because Deposition Suspension Requirements Did Not Entail A Reasonableness Requirement

Cases: Discovery, Cases: Sanctions

But Unique Facts, So Do Not Think You Can Suspend Without Repercussions.             Because we have to report on cases as we come upon them, we will say that Mason v. YD Window, Inc., Case No. C091415 (3d Dist. Oct. 5, 2021) (unpublished) is a little hard to decipher, but we will try.  In essence,

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