Because It Involved An Amended Complaint, That Pleading Could Have Been Withdrawn. Attorney in Windsor v. Does 1-10, Case No. A167006 (1st Dist., Div. 2 Jan. 21, 2025) (unpublished) was hit with a CCP § 128.5 sanctions order because he failed to dismiss an amended complaint after a summary judgment was granted. The sanctions […]
Lower Court Did Consider Ex-Wife’s Ability To Pay, Ordering It Be Paid $5,000/Month. Family law litigants and practitioners should pay attention to how Family Code section 271 sanctions for failing to settle family law matters can be painful and a game changer as far as a litigant’s financial well-being. Marriage of Detrick, Case No.
CCP §§ 2024.020, 2024.050 Were Not Complied With, And That Was Prejudicial. In Cooke v. Tayac, Case No. A170044 (1st Dist., Div. 4 Dec. 12, 2024) (unpublished), defendants moved for discovery sanctions after the discovery cut-off and formal close of discovery. The lower court granted the defense motion for sanctions in the amount of
Nothing In The Discovery Sanctions Or Other Law Mandates That Result. A cross-complainant in Bogota Corp. v. Seiden, Case No. B332296 (2d Dist., Div. 1 Nov. 22, 2024) (unpublished) had discovery sanctions imposed for deficient special interrogatory responses after filing no written opposition to the discovery sanctions motion. On appeal, he argued that he
Case Is A Primer On Procedural And Substantive Requirements To Meet Under 128.5. In Ramirez v. Ramirez, Case No. B336369 (2d Dist., Div. 6 Nov. 18. 2024) (unpublished), appellant in a probate case obtained a reversal of a $7,500 CCP § 128.5 sanctions award in favor of respondent with respect to appellant’s request to
Also, We Learn New Things All The Time—Contingency Agreements In Family Law Proceedings Are Against Public Policy. Wright v. Wright, Case No. B330901 (2d Dist., Div. 1 Aug. 23, 2024) (unpublished) is interesting on two points: (1) it reversed a CCP § 128.7 sanctions order against a litigant based on litigant’s response to a
For ADA/Disability Practitioners, A Disabled’s Successor May Have Standing To Pursue ADA And Related Claims For Injunctive Relief. In Saurman v. Peter’s Landing Property Owner, LLC, Case No. G061561 (4th Dist., Div. 3 July 26, 2024) (published), the Court of Appeal reversed a summary judgment grant and $98,852 CCP § 128.7 sanctions award against
Unpublished Opinion Has A Discussion On What Not To Do In The Meet And Confer Battles. In Estate of Ambrose-Gordon, Case Nos. A169189 et al. (1st Dist., Div. 5 June 24, 2024) (unpublished), a probate litigant and her attorney were sanctioned $9,495 in discovery sanctions for failing to reasonably meet and confer with the
Defense Counsel Did A Wise Thing: Reduced $150,000 Prior Request Down To $35,000 In Its Reply Brief—Getting The Lower Ask In Toto. Baptiste v. Ralph Grocery Co., Case No. D082554 (4th Dist., Div. 1 May 28, 2024) (unpublished) is a good example of prudent judgment exercised by defense counsel. The case involved a CCP
Substitution Out Prior To Discovery Hearing Did Not Preclude The Sanctions Award, With Appealing Attorney Chided For Incivility. Sometimes attorneys just need to “take their lumps” for discovery abuse, whether inspired by the client, counsel, or both to some degree. Masimo Corp. v. The Vanderpool Law Firm, Inc., Case No. G061829 (4th Dist., Div.
