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everything, as illustrated in the sanctions area by Cerna v. Molina, Case No. B265272 (2d Dist., Div. 7 Oct. 17, 2016) (unpublished).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, […]
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
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
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Plaza, LLC v. The Frank and Gertrude R. Doyle Foundation, Case No. G050766 (4th Dist., Div. 3 Aug. 22, 2016) (Unpublished) –Split Result Meant No Prevailing Party.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
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 The Ninth Circuit, in Hernandez (Boothe) v. City of Vancouver, No. 13-35131 (9th Cir. Aug. 9, 2016) (unpublished), reviewed a $145,765.43 sanctions award against a
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
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
Plethora Of Procedural Issues Considered In 2/1 DCA Unpublished Opinion.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
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
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
