Cases: Discovery

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 School of Culinary Arts, Case No. B250600 (2d Dist., Div. 2 Aug. 27, 2014) (unpublished) is an example of how a litigant seeking documents from non-party Sallie Mae really set up a discovery battle very well.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 […]

Discovery/Sanctions: If Motion To Compel Was Untimely, Any Sanctions Awarded Related Thereto Had To Be Reversed

Cases: Discovery, Cases: Sanctions

  Court Also Discusses Response Time When Leave Is Granted To Amend After Demurrer Hearing.      Carlton v. Dr. Pepper Snapple Group, Inc., Case No. E056566 (4th Dist., Div. 2 Aug. 14, 2014) (partially published; discovery sanctions reversal unpublished) has two nice takeaways for litigators.      First, although discussed in the unpublished portion, this opinion

Discovery/Sanctions: Quinn Emanuel Firm And Client Samsung Ordered To Pay More Than $2 Million In Discovery Sanctions For Disclosing Confidential License Terms Between Apple And Nokia To Samsung

Cases: Discovery, Cases: Sanctions

  Nokia Receives $1.5 Million And Apple About $894,000.      U.S. Magistrate Judge Paul Grewal of the Northern District of California, on June 20, 2014, ordered Quinn Emanuel Urquhart & Sullivan LLP and its client Samsung Electronics Co. Ltd. to pay more than $2 million in sanctions for disclosing confidential terms of a patent license

Discovery/Sanctions: Appeal By Plaintiff’s Attorney From Adverse Discovery Monetary Sanctions Award Dismissed As Moot

Cases: Discovery, Cases: Sanctions

  Parties Agreed to Settlement Where Neither Plaintiff Nor His Attorneys Liable for Discovery Sanctions, Mooting the Appeal.      Ya know, sometimes you should simply throw in the towel once a dispute has been resolved, aiding the appellate court in saving some resources so that they can dismiss an appeal without the need for an

Appealability/Discovery/Sanctions: Ninth Circuit Decides That Non-Party’s Appeal Of Interlocutory Orders After Date Of Final Judgment Is Timely

Cases: Appealability, Cases: Discovery, Cases: Sanctions

  Appeals Court Affirms Denial of Sanctions But Remands for Cost-Shifting in Favor of Non-Party in FRCP 45 Subpoena Dispute.      The Ninth Circuit has ended the year with a “bang” as far as clarifying non-party appeal rights and the circumstances under which subpoena compliance cost shifting is mandatory under F.R.Civ.P. 45.      The opinion

Discovery/Sanctions: To Aggregate Or Not, That Is The Question

Cases: Discovery, Cases: Sanctions

  $6,000 Aggregate Sanctions for Three Separate Discovery Motions Did Not Meet $5,000 Minimum Appellate Threshold.      In order to be appealable, an order imposing a monetary sanction must exceed $5,000. (Code Civ. Proc., § 904.1(a)(12).) However, what happens when a litigant appeals a $6,000 reduced sanctions award where the opponent filed three separate discovery

Discovery/Sanctions: Attorney Not Complying With Court Order On Letter Sent to Defense Customers Was Properly Hit With Discovery Sanctions

Cases: Discovery, Cases: Sanctions

       In Leeyer v. Pro Circuit Products, Inc., Case No. D059660 (4th Dist., Div. 1 Mar. 19, 2013) (unpublished), an attorney was hit with $6,400 in discovery sanctions under CCP § 2030.030 for not abiding with the terms of a court order regarding the form of a letter sent to defendant’s customers buying a

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