Cases: Sanctions

Family Law, Sanctions: Trial Court’s Award To Attorney Husband Of $800 In Attorney Fees In The Nature Of Sanctions Under Section 271 Reversed As A Matter Of Law

Cases: Family Law, Cases: Sanctions

Self-Represented Attorney Husband Incurred No Fees To Which The Section 271 Sanctions Must Be Tethered.             Family Code § 271, subdivision (a), provides that “the court may base an award of attorney’s fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law […]

Sanctions: Trial Judge’s Failure To Expressly Specify The Sanctionable Conduct Required A Remand And Do-Over

Cases: Sanctions

Appellate Court Found Basis Existed For Sanctions, But Required Greater Clarity Especially Given That Bar Discipline Could Be At Issue.             An attorney in American Express Bank FSB v. Singh (Abdeljawad), Case No. E074042 (4th Dist., Div. 2 Dec. 30, 2020) (unpublished) violated a court order to personally appear at a Fall 2019 hearing to

Discovery, Sanctions: Monetary Discovery Sanctions Improperly Denied Against Litigants Under “Unjust” Exception Simply Because Other Terminating Sanctions Granted Previously

Cases: Discovery, Cases: Sanctions

However, Litigant’s Attorneys Were Not Subject To Sanctions Because No Evidence Indicated The Attorneys Advised The Clients To Engage In The Discovery Violations.             Litigators need to read the Sixth District’s recent decision in Kwan Software Engineering, Inc. v. Hennings, Case Nos. H042715 et al. (6th Dist. Dec. 2, 2020) (published) on sanctions available for

Bankruptcy Efforts, Sanctions: Ex-Partners In State Court Lawsuit Against Debtor With A Discharge Injunction Properly Not Sanctioned For Contempt Fees When They Had An Objective Belief The Debtor Had Returned To The Partnership State Court Dispute

Cases: Bankruptcy Efforts, Cases: Sanctions

Ninth Circuit Came To The Same Result, Even Under An Objective Standard Although SCOTUS Sent The Case Back Based On Denying Contempt Fees Under A Less Stringent Good Faith Belief Standard.             On April 28, 2020, we posted on In re Taggart, a Ninth Circuit decision where two ex-partners in state court litigation against a

Sanctions: 2/3 DCA Affirms $16,111 In Discovery Sanctions Resulting From Attorney’s Violation Of Discovery Order For Which The Panel Overturned His Contempt Conviction

Cases: Sanctions

Misuse Of The Discovery Process Does Not Have To Be Willful Before Monetary Sanctions May Be Imposed, But Punishment For Contempt Rests Upon A Clear, Intentional Violation.             We previously discussed the next case in our February 24, 2017 post.  At that time, the 2/3 DCA had dismissed minor’s appeal from an order that

Sanctions: Attorney Convicted On 4 Counts Of Civil Contempt, Fined $3,600 And Ordered To Pay Opposing Party’s Attorney Fees And Costs Wins Reversal Of Fees/Costs Order And Has 3 Of 4 Civil Contempt Convictions Overturned

Cases: Sanctions

Attorney Fees/Costs Order Was Not Supported By Statute And The Proper “Unit Of Prosecution” For Attorney’s Conduct At A Fifteen Minute Settlement Conference Was A Single Count Of Contempt.             In Moore v. Superior Court, Case No. G058609 (4th Dist., Div. 3 November 16, 2020) (published), while representing a client at a fifteen minute

Arbitration, Sanctions: $22,159.50 In § 128.7 Sanctions Affirmed Against Plaintiff’s Attorney Who Filed Motion Seeking To Stay Arbitration And Remit The Parties To Judicial Remedies Based On Defendants’ Failure To Pay Arbitration Fees

Cases: Arbitration, Cases: Sanctions

Attorney Was Notified By The American Arbitration Association That The Error In Applying Defendants’ Fees Had Been Corrected, And The AAA Simply Needed Plaintiff’s Confirmation Of Intent To Proceed.             In McCluskey v. Henry, Case No. A158851 (1st Dist., Div. 3 November 2, 2020) (partially published – fees discussion unpublished), plaintiff sued employees of

Family Law, Sanctions: Sixth District Affirms $75,000 In § 271 Sanctions Against Ex-Wife With Mental Health Issues And Denial Of Her § 2030 Needs-Based Attorney Fees Request Despite Trial Court’s Failure To Make Express Findings

Cases: Family Law, Cases: Sanctions

Wife Failed To Take Advantage Of Protections Afforded To Parties Suffering Mental Health Issues And She Suffered No Prejudice When Trial Court Failed To Make Express Findings Because It Considered And Addressed The Same Statutory Factors In Determining Spousal Support.             Under California Rules of Court, Rule 1.100, parties can seek accommodations from the

Sanctions: $5,310 Sanctions Order Against Attorney Under CCP § 128.5 And CCP § 1209 (Contempt) Affirmed On Appeal

Cases: Sanctions

Message From This One Is Be Candid With The Court—Do Not Tell Half-Truths!             In Levine v. Berschneider (Richards), Case No. B300824 (2d Dist., Div. 6 Oct. 29, 2020) (published), an attorney was sanctioned $5,310 under CCP § 128.5 (bad faith tactics) and § 1209 (contempt) for playing coy on whether settlement checks had been

Appealability, Family Law, Sanctions: $5,000 Sanctions Award Against Ex-Husband’s Attorney Found Not Appealable

Cases: Appealability, Cases: Family Law, Cases: Sanctions

Specific Appealability Provisions Governed The Result.             In Marriage of Rattan & Prasad, Case No. A157880 (1st Dist., Div. 3 Sept. 24, 2020) (unpublished), ex-husband’s attorney was disqualified and was assessed with a CCP §§ 128.5/128.7 sanctions motion of $5,000 for filing frivolous motions.  Attorney’s appeal of the sanctions order was unsuccessful because (1) CCP

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