Second District Departs Company With Contrary Result In San Diegans for Open Government. San Diegans for Open Government v. San Diego, 247 Cal.App.4th 1306, 1317 (2016) [reviewed in our June 9, 2016 post] held that a party filing a CCP § 128.5 sanctions motion does not need to comply with the safe harbor waiting […]
However, Sanctions Order Relating To Discovery Order Reversed As A Matter Of Law Based On Evolving, Unsettled Area Of The Law. In Yelp Inc. v. Superior Court, Case Nos. G054358/G054422 (4th Dist., Div. 3 Nov. 13, 2017) (published), plaintiffs successfully obtained a discovery order against Yelp compelling it to disclose documents that might reveal
Continuing Jurisdiction And Waiver Principles Justified Sanctions Order. Old Jail Whipping Post. St. Augustine, Florida. John Margolies, photographer. Library of Congress. Windsor Mango Way LLC v. Taylor, Case No. B268967 (2d Dist., Div. 3 Sept. 28, 2017) (unpublished) is a case where an attorney was sanctioned under CCP § 128.7 for conduct relating to
Frye v. Collins, Case No. A143623 (1st Dist., Div. 2 Aug. 9, 2017) (unpublished) In this one, a trustee lost certain trust challenges by other relatives, also saddled with a costs/fees award of $440,000. This award was affirmed because the lower court decided that it should be paid out of the entire trust res,
Different Result Had Sanctions Been Imposed On Both Client And Attorney The probate court in In re Patrice Libaw Trust, Case No. B271815 (2d Dist., Div. 1 Aug. 3, 2017) (unpublished) awarded CCP § 128.7 sanctions against only a probate litigant’s attorneys, not the probate litigant (although sanctions were requested against both). Litigant
Dissenting Circuit Judge Would Have Affirmed Based On Waiver. On April 23, 2017, we posted on the U.S. Supreme Court’s decision in Goodyear Tire & Rubber Co. v. Haeger, 137 S. Ct. 1178 (2017), which found that a $2.7 million “inherent power of the court” sanctions award needed a restudy based
Abuse Of Discretion Standard Not Overcome By Appealing Ex-Wife. Marriage of Gregora and Feldman, Case No. B269587 (2d Dist., Div. 8 May 8, 2017) (unpublished) was a high profile divorce case involving Los Angeles attorneys, where ex-wife lost a key breach of fiduciary claim, prompting the trial court to impose a sanction
Equity—Gilotti v. Stewart, Case No. C075611 (3d Dist. April 26, 2017) (Unpublished): Section 998 Offer, Typo Notwithstanding Valid, and Attorney’s Self Interest Disqualified Fee Recovery. In this construction defect lawsuit, plaintiff was ordered to pay a prevailing grading contractor expert fees under CCP § 998, even though the offer said $49,999
$2.7 Million Sanctions Against Goodyear Reversed And Remanded, But Waiver Issue Might Sustain $2 Million Of Sanctions Award. Stripping tube on mandrel before sending to cure, Goodyear Tire Factory, Akron, Ohio. c1928. Library of Congress. The U.S. Supreme Court, in Goodyear Tire & Rubber Co.
Appeal By Attorney’s Client Did Not Get It Done. In K.J. v. Los Angeles Unified School District, Case No. B269864 (2d Dist., Div. 3 Feb. 23, 2017) (unpublished), a minor’s attorney was ordered to pay attorney’s fees and costs to LAUSD as a discovery sanctions. Minor appealed from the sanctions order. The
