Cases: Sanctions – Page 18 – Cal Attorneys Fees

Cases Under Review/Sanctions: SCOTUS Decides Whether “Inherent Authority Of Court” Sanctions Must Have Causal Connection To Sanctioned Conduct And Must Have Procedural Protections Applicable In Criminal Cases

October 6, 2016

Certiorari Granted With Consolidated Case On September 29, 2016. On September 29, 2016, the United States Supreme Court granted certiorari in The Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406 (U.S.), a Ninth Circuit 2-1 decision [discussed in our July 21, 2015 post], and consolidated it with Musnuff v. Haeger, No. 15-1491 […]

Discovery: ESI Discovery Sanctions Are Going Downward In Federal Courts

August 28, 2016

First Half Of 2016 Saw A Large Decline. Gibson Dunn has published a mid-year 2016 review of electronically stored information (ESI) decisions in federal courts involving requests for sanctions. There has been a large decline. In the first half of 2016, there were only 32 reported decisions, 13 granting sanctions and 19

4/3 DCA Trifecta: Appellate Court Issues Three Fee Unpublished Decisions

Cases: Prevailing Party, Cases: Retainer Agreements, Cases: Sanctions, Cases: Settlement

August 28, 2016

Source: Wikipedia. Article “Trifecta.” Prevailing Party/Settlement: Goldenwest Plaza, LLC v. The Frank and Gertrude R. Doyle Foundation, Case No. G050766 (4th Dist., Div. 3 Aug. 22, 2016) (Unpublished) –Split Result Meant No Prevailing Party. This case was a messy partition case where differing ownership interests with disputes on management of a shopping center brought

In The News . . . . Ninth Circuit Reverses Sanctions Awards Against Attorney For Making Faces In Courtroom And No Attorney’s Fees Assessed Against The Wolfe Trust In Led Zepplin Copyright Infringement Case

Cases: Sanctions, Cases: Special Fee Shifting Statutes, In The News

August 11, 2016

Making Faces In Courtroom, Which Were Found Not To Be Made In Bad Faith, Was Not Sanctionable. Alice S. Kandell, photographer. May 1971. Library of Congress. The Ninth Circuit, in Hernandez (Boothe) v. City of Vancouver, No. 13-35131 (9th Cir. Aug. 9, 2016) (unpublished), reviewed a $145,765.43 sanctions award against a

Sanctions/Taxation: $5,000 Sanctions Against Losing “Top 500” State Income Tax Debtor Affirmed On Appeal

Cases: Sanctions, Cases: Taxation

July 10, 2016

Income Tax Debtor Lost Federal Court Action, So Dismissal In State Court Was Justified And State Proceeding Was Unreasonable As A Matter of Law. In Franceschi v. Franchise Tax Bd., Case No. B267719 (2d Dist., Div. 2 July 8, 2016) (published), a plaintiff—who was on the Franchise Tax Board’s published list of “Top

Sanctions/Special Fee Shifting Statute: 4/1 DCA Clarifies Scope Of “Revived” Code of Civil Procedure Section 128.5 Sanctions Statute

Cases: Sanctions, Cases: Special Fee Shifting Statutes

June 9, 2016

Appellate Court Reverses Denial Of Section 128.5 Sanctions, But Affirms Fee Recovery To Plaintiff Under California Public Records Act. San Diegans For Open Government v. City of San Diego, Case No. D068421 (4th Dist., Div. 1 June 7, 2016) (published) is a key decision on the timing, applicability, and scope of Code of

Probate/Sanctions: $76,598.32 In Attorney’s Fees For Filing Of Frivolous Probate Petition Under CCP § 128.7 Affirmed On Appeal

Cases: Probate, Cases: Sanctions

April 30, 2016

Plethora Of Procedural Issues Considered In 2/1 DCA Unpublished Opinion. Enlisted men going through obstacle course. Daniel Field, Georgia. July 1943. Jack Delano, photographer. Library of Congress. In Kerkorian v. Mandekie, Case No. B252861 (2d Dist., Div. 1 Apr. 26, 2016) (unpublished), an attorney’s fees award of $76,598.32 (the full request) was

Sanctions/Special Fee-Shifting Statute: Sometimes One’s Choice Of A Fee Entitlement Basis Can Matter

Cases: Sanctions, Cases: Special Fee Shifting Statutes

March 5, 2016

Here, Prevailing Party Sought CCP § 128.5 Sanctions, Such That Fee Request Proper In Responding Papers—No Notice Of Motion Under Other Provisions Required. Meraz v. Coleman, Case No. B262725 (2d Dist., Div. 8 Mar. 3, 2016) (unpublished) illustrates that some successful fee awards may well depend upon the manner in which the fee

Arbitration/Discovery/Sanctions: Discovery Sanctions A Little Shy Of $6,500 Affirmed Against Plaintiff For Discovery Disputes Not Arising Out Of An Arbitration

Cases: Arbitration, Cases: Discovery, Cases: Sanctions

February 7, 2016

Substantive Claims Were To Be Arbitrated, But Prior Discovery Disputes Before Motion To Compel Granted Remained In Superior Court. In Vlahopouliotis v. Vallarta Properties, LLC, Case No. G069832 (5th Dist. Feb. 1, 2016) (unpublished), plaintiff did win a motion to compel arbitration of substantive claims under a settlement agreement, but lost preexisting discovery

Sanctions: $12,800 Sanction Under CCP § 128.7(b)(2) Reversed Against Plaintiff

Cases: Sanctions

January 30, 2016

Given That Plaintiff Was Counsel Represented, This Particular Sanction Cannot Be Issued Against Represented Litigant. In Dunlap v. The Walt Disney Co., Case No. B261779 (2d Dist., Div. 1 Jan. 29, 2016) (unpublished), authored by Presiding Justice Rothschild for a 3-0 panel, plaintiff—who was represented by counsel—was hit with a sanction of $12,800