Cases: Discovery

Discovery, Sanctions: $6,954.95 Deposition Discovery Sanctions Award Was Appealable Even Though It Was Payable To Two Different Recipients, While $1,750 Sanctions Award Was Not Appealable

Cases: Discovery, Cases: Sanctions

However, The Merits Appeal Of The $6,954.95 Sanctions Award Did Not Succeed Based On Failure To Appreciate The Nature Of The Deposition Process.             Burke v. Newport-Mesa Unified School Dist., Case No. G058732 (4th Dist., Div. 3 Jan. 21, 2021) (unpublished), authored by Justice Goethals of our local Santa Ana appellate court, has some interesting […]

Appealability, Discovery, Sanctions: Appeal Of Terminating Sanctions Does Not Necessarily Also Encompass Challenge To Discovery Monetary Sanctions

Cases: Appealability, Cases: Discovery, Cases: Sanctions

2/7 DCA Implicitly Suggests Disagreement With Other Decisions, But Finds Two Sanctions Orders Were Not Intertwined.             OK, for you folks who love technical appealability issues, Taylor v. Forde, Case No. B298957 (2d Dist., Div. 7 Jan. 20, 2021) (unpublished), may be your forte, especially when it comes to appealability of discovery terminating sanctions orders

Discovery, Sanctions: Monetary Discovery Sanctions Improperly Denied Against Litigants Under “Unjust” Exception Simply Because Other Terminating Sanctions Granted Previously

Cases: Discovery, Cases: Sanctions

However, Litigant’s Attorneys Were Not Subject To Sanctions Because No Evidence Indicated The Attorneys Advised The Clients To Engage In The Discovery Violations.             Litigators need to read the Sixth District’s recent decision in Kwan Software Engineering, Inc. v. Hennings, Case Nos. H042715 et al. (6th Dist. Dec. 2, 2020) (published) on sanctions available for

Costs, Discovery: D.C. Circuit Decides That Only Electronic File Conversion Costs, Not Hosting, Organizing, Or Bates Stamping Expenses, Can Be Recovered By Federal Court Winners

Cases: Costs, Cases: Discovery

Interpretation Of The Scope of 28 U.S.C. § 1920 Was At Issue.             28 U.S.C. § 1920 provides:  “A judge or clerk of any court of the United States may tax as costs the following:  (1) Fees of the clerk and marshal; (2) Fees for printed or electronically recorded transcripts necessarily obtained for use in

Discovery: 4/3 DCA Affirms Substantial $586,600 Discovery Order, With A Remand On A Relatively Smaller, Potential Add-On Amount, Against Plaintiffs, But Not Their Counsel

Cases: Discovery

Principles Of Compulsion, Causation, And Reasonableness Are Beacons For Discovery Sanctions.             Justice Fybel, the author of Cornerstone Realty Advisors, LLC v. Summit Healthcare REIT, Inc., Case No. G057176 (4th Dist., Div. 3 Oct. 28, 2020) (published) on behalf of a 3-0 panel, has penned a decision which all litigation clients and attorneys should consult

Discovery, Sanctions: $5,684 Discovery Sanction Against Plaintiffs Affirmed Where They Could Not Produce A Written Confirmation Of A Discovery Extension

Cases: Discovery, Cases: Sanctions

Beyond That, The Defense Did Not Pull The Trigger Too Hastily On Motions To Compel, Trying To Work It Out.             Discovery frequently is the bane of both practitioners and judges, not to mention studies that confirm it has led to an increase in the costs of civil litigation for many, many cases.  California has

Discovery, Sanctions: Trial Court Cannot Impose Discovery Sanctions Once A Vexatious Litigant Motion Is Filed

Cases: Discovery, Cases: Sanctions

Imposition Of Sanctions Was Error Because Filing Of Motion Stayed Further Proceedings Except A Ruling On The Vexatious Litigant Motion.             In Hanna v. Little League Baseball, Inc., Case Nos. E070995 et al. (4th Dist., Div. 2 Aug. 18, 2020) (partially published; sanctions discussion published), defendant filed a motion to have plaintiff declared a vexatious

Discovery: Central District Of California Case Awarded Some Attorney’s Fees Where Party Responding To Rule 30(b)(6) Notice Failed to Specify Production Date

Cases: Discovery

Practice Point For Litigators:  Specify A Time For Production Or Develop A Good Email Chain!             In QC Labs v. Green Leaf Lab, LLC, 2019 WL 6797250 (C.D. Cal. July 19, 2019), a responding party to a F.R.Civ. P. 30(b)(6), under Rule 34(b)(2)(B), failed to specify a time for production of documents/EIS even though Rule

Appealability, Discovery, Family Law, Requests For Admission, Sanctions: Appeal Dismissed For Petitioner Who Was Dissatisfied With Trial Court’s Order On His Motion To Have Requests For Admission Deemed Admitted And For Sanctions

Cases: Appealability, Cases: Discovery, Cases: Family Law, Cases: Requests for Admission, Cases: Sanctions

The Appellate Court Has No Jurisdiction To Review A Discovery Order.             Petitioner father and respondent mother in Minasian v. Katz, Case No. A158517 (1st Dist., Div. 2 June 11, 2020) (unpublished) were involved an incredibly protracted action – dating back to 2004 – regarding their child who was born the year before.     

Discovery, Sanctions: $7,862.50 Sanctions Award Against Cross-Complainant In Insurance Case Affirmed On Appeal For Presenting An Unsuccessful Motion To Augment An Expert Witness Designation

Cases: Discovery, Cases: Sanctions

Cross-Complainant’s Dilatory Conduct Justified The Sanctions Award.             Code of Civil Procedure section 2034.630 states that a trial court “shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or opposes a motion to augment or amend expert witness information, unless it finds that the one subject

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