Cases: Sanctions

4/3 DCA Trifecta: Appellate Court Issues Three Fee Unpublished Decisions

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

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Plaza, LLC v. The Frank and Gertrude R. Doyle Foundation, Case No. G050766 (4th Dist., Div. 3 Aug. 22, 2016) (Unpublished) –Split Result Meant No Prevailing Party.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

  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      The Ninth Circuit, in Hernandez (Boothe) v. City of Vancouver, No. 13-35131 (9th Cir. Aug. 9, 2016) (unpublished), reviewed a $145,765.43 sanctions award against a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/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

  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

  Plethora Of Procedural Issues Considered In 2/1 DCA Unpublished Opinion.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      In Kerkorian v. Mandekie, Case No. B252861 (2d Dist., Div. 1 Apr. 26, 2016) (unpublished), an attorney’s fees award of $76,598.32 (the full request) was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

  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

  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.,

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