Cases: Sanctions

Equity, Sanctions, Section 998, Special Fee Shifting Statute, Allocation:  Unpublished Decisions In Last Few Days Address Multiple Fee Issues

Cases: Allocation, Cases: Equity, Cases: Sanctions, Cases: Section 998, Cases: Special Fee Shifting Statutes

    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 April 26, 2017) (Unpublished):  Section 998 Offer, Typo Notwithstanding Valid, and Attorney’s Self Interest Disqualified Fee Recovery.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 […]

Sanctions:  SCOTUS Decides Federal “Inherent Power Of The Court” Sanctions Must Satisfy A But-For Causal Connection Between The Misconduct And Fees Incurred By The Innocent Party

Cases: Sanctions

    $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.

Equity/Sanctions: Attorney’s Fees Award Remanded To Recalculate To Account For Previously Awarded Discovery Sanctions

Cases: Equity, Cases: Sanctions

"Double Dipping" Was The Rationale.     Earl & Reimer APC v. Klimek, Case No. H041638 (6th Dist. Feb. 1, 2017) (unpublished) is a case where an attorney's fees award was reversed and remanded in order to prevent "double dipping": the trial judge previously awarded discovery sanctions, and those sanctions were not properly taken into account

Arbitration/Sanctions: $17,000 Trial Court Sanctions Order Against Defendant Failing To Pay Arbitration Fees Reversed And Remanded

Cases: Arbitration, Cases: Sanctions

  Sanctions Order Did Not Have Adequate Specificity.      Idewu v. Clark, Case No. B266573 (2d Dist., Div. 3 Jan. 24, 2017) (unpublished) is a situation where a trial judge likely was somewhat irked by the conduct of a defendant successfully moving to compel arbitration. After the matter was moved to arbitration, the arbitration proceeded

Equity: Trial Court Erred In Not Giving Effect To Plaintiff’s Voluntary Dismissal, But That Did Not Deprive It Of Jurisdiction To Award Discovery Sanctions And Attorney’s Fees

Cases: Equity, Cases: Sanctions

Somewhat Of A Pyrrhic Victory For Plaintiff.     Wilson v. Nationstar Mortgage LLC, Case No. D070965 (4th Dist., Div. 1 Jan. 20, 2017) (unpublished) was somewhat of a pyrrhic victor for plaintiff on appeal. What happened below was that a trial judge erroneously failed to honor plaintiff's dismissal of an action, striking it and then

Judgment Enforcement/Sanctions: $5,000 Sanctions Award Against Judgment Debtor’s Attorney For No Answer Instructions During Judgment Debtor Examination Was Vacated

Cases: Judgment Enforcement, Cases: Sanctions

  Reason Is That Ground For Sanctions Was Statute Only Applying To Postjudgment Interrogatories And Document Requests, Not J/D Exams.     A lower court sanctioned a judgment debtor’s attorney to the tune of $5,000 under CCP § 2023.030 for directing a client not to answer certain questions at a judgment debtor examination.  The appellate court,

Sanctions: $10,000 128.7 Sanction Against Attorney Affirmed For Filing Of Second Amended Complaint With Allegations Similar To Prior Pleading To Which Demurrer Was Sustained

Cases: Sanctions

  $10,000 Out Of $28,080 Sanctions Request Granted.     In Concepcion Vinas v. Queen of the Valley Medical Center, Case No. A143541 (1st Dist., Div. 4 Oct. 20, 2016) (unpublished), attorney was sanctioned $10,000 under CCP § 128.7 for filing a second amended complaint which had the same allegations as a first amended complaint to

Sanctions: Defense Motion To Vacate Sanctions After Plaintiff’s Voluntarily Dismissal Was Not Cognizable

Cases: Sanctions

  Lower Court Lacked Jurisdiction To Consider Motion Post-Dismissal.     Timing is everything, as illustrated in the sanctions area by Cerna v. Molina, Case No. B265272 (2d Dist., Div. 7 Oct. 17, 2016) (unpublished).     There, defendants and their attorney were monetarily sanctioned in connection with certain discovery motions.  Plaintiff voluntarily dismissed the action.  However,

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