Cases: Discovery

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 Sept. 28, 2016) (unpublished), the Third District denied the defendants’ mandate petition to prevent discovery of the amount and source of attorney’s […]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 Feb. 1, 2016) (unpublished), plaintiff did win a motion to compel arbitration of substantive claims under a settlement agreement, but lost preexisting discovery

Probate, Private Attorney General, Civil Rights, Costs, Discovery Sanctions: Lots Of Topics Covered In Four Unpublished Decisions For September 29, 2015

Cases: Civil Rights, Cases: Costs, Cases: Discovery, Cases: Private Attorney General (CCP 1021.5), Cases: Probate

  Chang v. Chang, Case No. G049309 (4th Dist., Div. 3 Sept. 29, 2015) (Unpublished; Ikola, J.).—Probate.     In this and a companion appeal, the appellate court cut some surcharges to the trustee of about $345,000.  Because of this companion ruling, the appellate court sent back a $187,900 fee award against trustee and in favor

Discovery/Family Law: 271 Sanctions Remanded For Reconsideration, But Bulk Of $123,087.50 Award Likely To Stand

Cases: Discovery, Cases: Family Law

  Playing Racial/Religion Discrimination Card And Attacking Opposing Counsel/The Court Did Not “Play” Well For Ex-Husband In Bitter Custody Dispute.     Well, this next case – Marriage of Salas and Farraj, Case No. B252053 (2d Dist., Div. 7 Sept. 1, 2015) (unpublished) – is a good lesson for family law practitioners to not play the

Discovery, Sanctions, Substantiation Of Fees: $2.7 Million In Discovery Sanctions Against Goodyear And Its Attorneys In Tire Failure Case Affirmed On Appeal

Cases: Discovery, Cases: Sanctions, Cases: Substantiation of Reasonableness of Fees

  No Precise Linkage Between Harm and Compensatory Sanctions Required, Where Discovery Abuse Was Frequent Or Severe.     This next case is a reminder of how one must be candid in discovery, with contrary positions and obstructionist litigation tactics possibly leading to large monetary sanctions against both client and client’s attorneys (as well as non-monetary

Civil Rights, Discovery, Prevailing Party: Disabled Plaintiff Dismissing Suit, Where Defendant Eliminated Architectural Barrier After Filing Suit, Was Properly Not Exposed To Fee Recovery Under California Disabled Persons Act Fee-Shifting Provision

Cases: Civil Rights, Cases: Discovery, Cases: Prevailing Party

  No One Prevailed in This Case, Both Trial and Appellate Courts Agreed, Under The Facts—But Prior Discovery Sanctions Award Did Survive.      The California Disabled Persons Act (Civ. Code, § 54 et seq.) [DPA] does have a reciprocal fee-shifting provision in favor of a “prevailing party.” (Unlike the American with Disabilities Act [ADA], which

Discovery/Sanctions/SLAPP: Round-Up Of Three Unpublished Decisions On Fee/Sanctions Issues For September 18, 2014

Cases: Discovery, Cases: Sanctions, Cases: SLAPP

  Estate of Johnson, Case Nos. A134733 et al. (1st Dist., Div. 3 Sept. 18, 2014) (unpublished).      An attorney was sanctioned for $7,290 (representing fees incurred by another litigant) for making a false allegation in a probate Third Amended Petition. The basis for the award was under CCP § 128.7. The award was reversed

Discovery/Sanctions: Party Seeking E-Discovery Entitled To $11,487 In Attorney’s Fees For Successfully Resisting Opposition to Motion To Compel Business Record Subpoena Compliance

Cases: Discovery, Cases: Sanctions

  Federal Decisions Looked to in E-Discovery Area.      Vasquez v. Calif. School of Culinary Arts, Case No. B250600 (2d Dist., Div. 2 Aug. 27, 2014) (unpublished) is an example of how a litigant seeking documents from non-party Sallie Mae really set up a discovery battle very well. The litigant sent a first subpoena, drawing

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