Cases: Discovery

Costs/Discovery:  Expenses For Activities Associated With Production Of Electronically Stored Documents Properly Awarded As Discretionary Costs Under CCP § 1033.5(c)

Cases: Costs, Cases: Discovery

$150,449.49 Was Costs Award To The Successful Defendant.             Litigators at both the federal and state levels are fully aware of the expense which has been added to litigation based on having to produce electronically documents/information in cases (also known as “ESI”).  The next opinion demonstrates that ESI expenses can be recouped by a successful […]

Costs, Discovery, Private Attorney General, Special Fee Shifting Statutes:  Multi-Million Dollar Costs, Discovery Violation Sanctions, And Fee Recoveries Reversed And Remanded Based On Reversals And Necessity To Revisit Fee Entitlement Bases

Cases: Costs, Cases: Discovery, Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

             Moonlight Fire.  2007.  Wikipedia.  Author:  kkmontandon.                  Dept. of Forestry & Fire Protection v. Howell, Case Nos. C074879/C076008 (3d Dist. Dec. 8, 2017) (fully published; first posted on Dec. 6, 2017 with costs/fee discussions not published) is a case arising from the 2007

Costs, Discovery, Private Attorney General, Special Fee Shifting Statutes:  Multi-Million Dollar Costs, Discovery Violation Sanctions, And Fee Recoveries Reversed And Remanded Based On Reversals And Necessity To Revisit Fee Entitlement Bases

Cases: Costs, Cases: Discovery, Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

            Dept. of Forestry & Fire Protection v. Howell, Case Nos. C074879/C076008 (3d Dist. Dec. 8, 2017) (fully published; first posted on Dec. 6, 2017 with costs/fee discussions not published) is a case arising from the 2007 Moonlight Fires which burned 65,000 acres in Plumas County.  Plaintiffs, mainly governmental agencies or affiliates, sought to recover

Discovery/Sanctions:  Yelp Properly Ordered To Disclose Documents Relating To Anonymous Reviewer Making Alleged Slanderous Comments

Cases: Discovery, Cases: Sanctions

However, Sanctions Order Relating To Discovery Order Reversed As A Matter Of Law Based On Evolving, Unsettled Area Of The Law.             In Yelp Inc. v. Superior Court, Case Nos. G054358/G054422 (4th Dist., Div. 3 Nov. 13, 2017) (published), plaintiffs successfully obtained a discovery order against Yelp compelling it to disclose documents that might reveal

Discovery:  Superior Court Justified In Awarding $4,000 Daily Sanctions For Litigant’s Refusal To Comply With Discovery Orders

Cases: Discovery

Sanctions Justified, In Part, Based On Prior Inconsistent Position By Challenging Litigant.             In Padron v. Watchtower Bible and Tract Society of New York, Inc., Case No. D070723 (4th Dist., Div. 1 Nov. 9, 2017) (published), the appellate court faced the answer to this question:  Can a superior court impose a hefty daily, continuing monetary

Appealability/Discovery: Separate Discovery Sanctions Below $5,000 Threshold Cannot Be Aggregated To Make Them Appealable

Cases: Appealability, Cases: Discovery

  4/3 DCA Choose Calhoun Over Dicta In Champion/L.B.S. Boyd Jones doing his arithmetic lesson at the blackboard in the Alexander Community School in Greene County, Georgia.  Nov. 1941.  Jack Delano, photographer.  Library of Congress.      In Stueve v. Berger Kahn, Case No. G052689 (4th Dist., Div. 3 Nov. 22, 2016) (unpublished), a plaintiff party

Discovery: Discovery Into Amount And Source of Attorney’s Fees Not Privileged On Punitive Aspect Of Mining Claim Jumping Case

Cases: Discovery

  Requested Discovery Was Relevant To Discovery On Punitive Damages Financial Condition Where Trial Court Allowed Civil Code Section 3295 Discovery.     In Johnson v. Superior Court (Parker), Case No. C070028 (3d Dist. Sept. 28, 2016) (unpublished), the Third District denied the defendants’ mandate petition to prevent discovery of the amount and source of attorney’s

Arbitration/Discovery/Sanctions: Discovery Sanctions A Little Shy Of $6,500 Affirmed Against Plaintiff For Discovery Disputes Not Arising Out Of An Arbitration

Cases: Arbitration, Cases: Discovery, Cases: Sanctions

  Substantive Claims Were To Be Arbitrated, But Prior Discovery Disputes Before Motion To Compel Granted Remained In Superior Court.      In Vlahopouliotis v. Vallarta Properties, LLC, Case No. G069832 (5th Dist. Feb. 1, 2016) (unpublished), plaintiff did win a motion to compel arbitration of substantive claims under a settlement agreement, but lost preexisting discovery

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