Cases: Sanctions

Sanctions: 2/1 DCA, In Unpublished Decision, Determines That Trial Court Must Comply With CCP § 128.7 Safe Harbor Rule Before Sanctioning Party For Violating CCP § 1008 Reconsideration Prohibitions

Cases: Sanctions

Trial Judge Did Not Notify Putative Sanctioned Party That It Would Be Sanctioned Sans A Withdrawal Of The Reconsideration Motion.             Moofly Productions, LLC v. Favila, Case No. B282084 (2d Dist., Div. 1 June 1, 2018) (unpublished) demonstrates that trial judges, just like litigants, must satisfy CCP § 128.7 sanctions safe harbor requirements before doling […]

Sanctions:  U.S. Magistrate Judge Issues $10,000 In 28 U.S.C. § 1927 Sanctions Against Class Action Attorney Giving Dishonest Excuse For Not Timely Filing Class Certification Motion

Cases: Sanctions

Instagram And Suspicious Plane Itinerary, Along With Attorney Admission, Led To Imposition Of Sanctions.             When it comes to blowing deadlines which can be cured, counsel should be candid with courts in requesting relief, which can be granted if the circumstances are right.  The next situation, which has drawn quite a bit of publicity, illustrates

Bankruptcy/Sanctions:  Contempt Sanctions Against Creditor For Knowingly Violating Discharge Injunction Could Not Stand Based On Creditor’s Subjective Good Faith Belief, Even If Unreasonable

Cases: Bankruptcy Efforts, Cases: Sanctions

Ninth Circuit Clarified Some Reasoning In Zilog Decision.             In In re Taggart, Case No. 16-35402 (9th Cir. Apr. 23, 2018) (published), the Ninth Circuit clarified some prior reasoning in In re Zilog, 450 F.3d 996, 1009 n.14 (9th Cir. 2006) to reinforce that contempt sanctions cannot be assessed against a creditor for knowingly violating

Sanctions:  $34,000 In CCP § 128.5 Sanctions Affirmed Against Litigant Unsuccessfully Trying To Upset Earlier Adjudication Based Upon Extrinsic Fraud

Cases: Sanctions

Among Other Things, Damning Admissions In Debtor Exam Sealed The Deal.             In Quadri v. Alkayali, Case No. G054914 (4th Dist., Div. 3 Apr. 19, 2018) (unpublished), the 4/3 DCA—in a panel decision authored by Justice Bedsworth—affirmed around a $ 34,000 sanction against a litigant losing an “extrinsic fraud” challenge to a prior verdict.  Among

Sanctions:  Third District Decides That An Asserted Nonfrivolous Claim Cannot Be Found To Be Brought For An Improper Purpose Under CCP § 128.7

Cases: Sanctions

Plaintiffs Advanced A Plausible Interpretation Of A Phrase In Prior Settlement Stipulation Such That Sanctions Were Not Warranted.             In Ponce v. Wells Fargo Bank, 21 Cal.App.5th 253, Case No. C080680 (3d Dist. Mar. 13, 2018) (published), a trial judge sanctioned plaintiffs who brought lender liability claims in a residential property dispute with terminating sanctions

Appealability/Discovery/Sanctions:  Separate Discovery Sanctions Cannot Be Aggregated For Purposes Of Meeting $5,000 Appealability Threshold

Cases: Appealability, Cases: Discovery, Cases: Sanctions

Two Separate Sanctions Below $5,000 Cannot Be Aggregated For Appealability Purposes.             In Mitchell Anthony Productions, LLC v. Baron, Case No. B282974 (2d Dist., Div. 5 Mar. 28, 2018) (unpublished), the trial judge awarded $4,860 in discovery sanctions on separate motions to compel further discovery responses to the interrogatories and requests

Sanctions:  CCP § 128.7 And Family Code Section 271 Sanctions Improperly Imposed Against Attorney

Cases: Sanctions

$5,000 Sanctions Award Against Attorney Reversed.             Attorney and client her were sanctioned for $5,000 under CCP § 128.7 and Family Code § 271 in Saidiner v. Jacobs-Jakubowicz, Case No. B275860 (2d Dist., Div. 7 Mar. 26, 2018) (unpublished).  Attorney appealed the sanctions award, which was reversed on appeal. The CCP § 128.7 sanctions could

Discovery/Sanctions:  Yelp Properly Ordered To Disclose Documents Relating To Anonymous Reviewer Making Alleged Slanderous Comments

Cases: Discovery, Cases: Sanctions

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

Sanctions: Trial Court’s “Vestigial Jurisdiction” When Case Ordered To Arbitration Justified CCP § 128.7 Sanctions Against Litigant’s Counsel

Cases: Sanctions

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

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