Cases: Discovery

  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Group, Inc., Case No. E056566 (4th Dist., Div. 2 Aug. 14, 2014) (partially published; discovery sanctions reversal unpublished) has two nice takeaways for litigators.      First, although discussed in the unpublished portion, this opinion […]

  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

  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

  “Walking Out and Not Coming Back” Is Not a Legitimate Option.      The defense in Fletcher v. HPN Holdings, Case No. F064864 (5th Dist. Apr. 8, 2014) (unpublished) was sanctioned $6,000 under CCP §2023.030(a), inclusive of attorney’s fees for bringing the motion to compel and arguing it, for failing to honor an agreement to

  $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

  Trial Court Lacked Jurisdiction to Impose Discovery Sanctions.      In Ayala v. Gutierrez, Case No. B243006 (2d Dist., Div. 2 Sept. 3, 2013) (unpublished), defendants filed a motion for leave to file a cross-complaint and a motion to compel discovery (including a request for sanctions) against plaintiff. Before the motions were heard, plaintiff dismissed

       In Leeyer v. Pro Circuit Products, Inc., Case No. D059660 (4th Dist., Div. 1 Mar. 19, 2013) (unpublished), an attorney was hit with $6,400 in discovery sanctions under CCP § 2030.030 for not abiding with the terms of a court order regarding the form of a letter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

       We thank reader Kurt Yap for educating us on these two issues.      What happens if you are an in pro per litigant and want to obtain discovery sanctions for the work you did (based on them being akin to attorney’s fees as if the work had been done by a retained outside