Cases: Sanctions

Sanctions: Sanctions For Missing A Final Status Conference Were Appropriate, But Had To Be Reduced For Calibration To The Actual Expenses For the Missed FSC

Cases: Sanctions

No Huge Dispute, But Appellate Court Only Awarded Sanctions For Direct Expenses Relating To the FSC Violation. Steele v. Paulee Body Shop, Inc., Case No. B344258 (2d Dist., Div. 3 Jan. 30, 2026) (unpublished) shows how a sanctions request needs to be calibrated to expenses incurred on the actual violation, not ancillary expenses which are […]

Discovery, Sanctions: $25,000 In Discovery Sanctions Against Ex-Wife, Based On Ex-Husband’s Success In Not Having To Answer 90% Of Certain Requests, Were Affirmed On Appeal

Cases: Discovery, Cases: Sanctions

Various Challenges, Including Fee Substantiation Challenges, Rejected On Appeal. In Malinowski v. Martin, Case No. A167576 (1st Dist., Div. 3 Dec. 4, 2025) (unpublished), the appellate court affirmed a $25,000 discovery sanctions award in favor of ex-husband, who predominantly won by having not to respond to about 90% of ex-wife’s discovery requests.  Her principal challenges

Sanctions: CCP § 128.5(c) Sanctions Properly Imposed For Denied Frivolous Sanctions Motion Where Challenged Motion Could Not Have Been Withdrawn And Unsuccessful Moving Party Had Ample Time To Withdraw Sanctions Motion Way Before The Hearing

Cases: Sanctions

Sanctions Properly Imposed When Raised By Opposing Side In Responsive Papers To Frivolous Motion Under 128.5(c), And Safe Harbor Provision Was Inapplicable. In RH Properties v. McBeth, Case No. B334051 (2d Dist., Div. 2 Nov. 21, 2025) (unpublished), unique circumstances were involved:  plaintiff obtained appointment of a property receiver, with the other side filing a

Appealability, Probate, Sanctions: Plaintiff Did Not Appeal Attorney Fee and Sanctions Orders, But The 2/1 DCA Reversed Them On Appeal When Plaintiff Appealed Trial Court’s Denial Of His Motion To Vacate

Cases: Appealability, Cases: Probate, Cases: Sanctions

Defendant Lacked Standing For The Initial Fee Motion It Brought – Nullifying The Order Granting The Motion And Each Subsequent Order Based On Plaintiff’s Failure To Comply With Void Initial Fee Order After being fired by Plaintiff trustee, Defendant law firm successfully brought a motion for fees under Probate Code § 17200. When trustee failed

Arbitration, Employment, Sanctions: Trial Court Correctly Determined That Employer Breached Parties’ Arbitration Agreement By Failing To Timely Pay Arbitration Fees Where Employer Argued 30-Day Deadline Was Never Triggered Because Employer’s Counsel, Not Employer, Was Served With The Arbitration Invoice

Cases: Arbitration, Cases: Employment, Cases: Sanctions

However, The 4/3 DCA Reversed And Remanded For The Trial Court’s Determination As To Whether Employer’s Failure To Timely Pay Arbitration Fees Should Be Excused Pursuant To Hohenshelt. In Springs v. SBM Site Services, Case No. G063924 (4th Dist., Div. 3 October 23, 2025) (unpublished), the trial court vacated its prior order compelling arbitration because

Arbitration, Employment, Sanctions: Trial Court’s Grant Of 1281.98 Motion To Return Case To Court When Employer Failed To Pay Arbitration Fees Within 30 Days And Award Of Related Monetary Sanctions Reversed On Appeal

Cases: Arbitration, Cases: Employment, Cases: Sanctions

Section 1281.98 Was Inapplicable Because The Arbitration Agreement Was Governed By The Provisions Of The Federal Arbitration Act. In Howitson v. Evans Hotels, Case No. D085078 (4th Dist., Div. 1 October 20, 2025) (unpublished), defendant employer failed to pay an arbitration retainer within 30 days, leading Plaintiff to successfully move under CCP section 1281.98 of

Arbitration, Sanctions: $183,304 In Sanctions Relating To Abandoned Arbitration Proceeding Awarded Against Employer Not Timely Paying Arbitration Expenses Under CCP § 1281.98(c)(1)

Cases: Arbitration, Cases: Sanctions

Sanctions Are Awardable Where Fees Were Expended In Terminated Arbitration Proceedings.                In an area where there has been a lot of litigation, an employer faces litigating in court and paying sanctions to an employee in a situation where employee wants to arbitrate but employer fails to adhere to the payment deadlines in CCP §§

Sanctions, SLAPP: Plaintiff Losing A SLAPP Motion On A Cross-Complaint Was Properly Not Granted 128.7 Sanctions For A Mistaken Payment Statement

Cases: Sanctions, Cases: SLAPP

Cross-Complainants Did Fess Up To The Problem, With The Lack Of A Reporter’s Transcript Of The Sanctions Hearing Further Showing No Abuse Of Discretion In The Denial Of The Sanctions Request.                Although we take the cases as we find them for posting purposes, the next one was a dispute over an apparent snafu in

Scroll to Top