Cases: Sanctions

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

  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 Feb. 1, 2016) (unpublished), plaintiff did win a motion to compel arbitration of substantive claims under a settlement agreement, but lost preexisting discovery […]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

  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      In Dunlap v. The Walt Disney Co., Case No. B261779 (2d Dist., Div. 1 Jan. 29, 2016) (unpublished), authored by Presiding Justice Rothschild for a 3-0 panel, plaintiff—who was represented by counsel—was hit with a sanction of $12,800

Appeal Sanctions/Sanctions: Lower Court Sanctions Of $16,648.75 Affirmed, But More Assessed On Appeal

Cases: Appeal Sanctions, Cases: Sanctions

  Another $56,311 In Appellate Sanctions Assessed, Some In Favor Of Opposite Side And Some To the Appellate Court Itself.      Code of Civil Procedure section 128.7 does allow sanctions for frivolous pleadings and other courses of conduct in litigation, including extension to sanctions during appellate proceedings. Bucur v. Ahmad, Case No. D068689 (4th Dist.,

Costs/Sanctions: Plaintiff Prevailing Party Improperly Denied Post-Judgment Costs And Hit With $7,500 Sanctions Under CCP § 128.7

Cases: Costs, Cases: Sanctions

  Problem With Lower Court Ruling Was Relying On Time Deadlines And Analysis For Pre-judgment Costs.      In Zakarian v. Salumbides, Case No. B255237 (2d Dist., Div. 5 Oct. 2, 2015) (unpublished), the trial court was unhappy with post-judgment costs memoranda presented by the prevailing party, granting defense motions to tax costs (based primarily on

Sanctions: Failure To Attend Pretrial Issue Conference And File Pretrial Documents In California State Court Does Give Rise To Monetary Sanctions

Cases: Sanctions

  CCP § 575.2 So Allows, And Attorneys Beware That Sanctions Can Be Imposed Even Where Attorney Requested, But Was Denied, A Telephonic Appearance.     A former attorney failing to attend a mandatory pretrial issues conference and failing to file pretrial documents in Contra Costa Superior Court was hit with $6,178.26 in sanctions after the

Discovery, Sanctions, Substantiation Of Fees: $2.7 Million In Discovery Sanctions Against Goodyear And Its Attorneys In Tire Failure Case Affirmed On Appeal

Cases: Discovery, Cases: Sanctions, Cases: Substantiation of Reasonableness of Fees

  No Precise Linkage Between Harm and Compensatory Sanctions Required, Where Discovery Abuse Was Frequent Or Severe.     This next case is a reminder of how one must be candid in discovery, with contrary positions and obstructionist litigation tactics possibly leading to large monetary sanctions against both client and client’s attorneys (as well as non-monetary

Sanctions: $60,000 In CCP § 128.7 Sanctions Against Plaintiff And Plaintiff’s Attorney For Years Of Forestalling Foreclosure Efforts Affirmed On Appeal

Cases: Sanctions

  Plaintiff Kept Going After Earlier Sanctions Tentative For $38,080 Was Dismissed For Procedural Defects.     This next post counsels litigants and their counsel that there is a point where the battle has been lost, under penalty of having sanctions imposed for further litigation—which is exactly what happened.     In Ledesma v. JPMorgan Chase, Case

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