Cases: Sanctions

Probate Two-Fer/Sanctions:  $440,000 Fee Award Based On A Common Fund Properly Awarded Against Entire Trust Res And $16,060 In CCP § 128.7 Sanctions Sustained For Failure To Remove Lis Pendens

Cases: Sanctions

Frye v. Collins, Case No. A143623 (1st Dist., Div. 2 Aug. 9, 2017) (unpublished)             In this one, a trustee lost certain trust challenges by other relatives, also saddled with a costs/fees award of $440,000.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, […]

Appealability/Sanctions: Client’s Appeal Of Sanctions Only Against Her Attorneys Did Not Confer Appellate Jurisdiction To Review Sanctions Award

Cases: Appealability, Cases: Sanctions

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              The probate court in In re Patrice Libaw Trust, Case No. B271815 (2d Dist., Div. 1 Aug. 3, 2017) (unpublished) awarded CCP § 128.7 sanctions against only a probate litigant’s attorneys, not the probate litigant (although sanctions were requested against both).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

Sanctions: Ninth Circuit Remands To District Court The Sanctions Issue In Haeger v. Goodyear “Inherent Power Of The Court” SCOTUS Decision

Cases: Sanctions

    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

Equity, Sanctions, Section 998, Special Fee Shifting Statute, Allocation:  Unpublished Decisions In Last Few Days Address Multiple Fee Issues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 April 26, 2017) (Unpublished):  Section 998 Offer, Typo Notwithstanding Valid, and Attorney’s Self Interest Disqualified Fee Recovery.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

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