Reason: One Claim Was Not Worthy Of Sanctions, Requiring A Remand. For you readers wanting a primer of the scope of the res judicata doctrine, this one may be worth reading. In Zone Sports Center LLC v. Red Head, Inc., Case No. F068984 (5th Dist. July 23, 2015) (unpublished), plaintiffs’ attorney was […]
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
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
Sanctions Order Was Appealable, With Substantial Evidence Supporting It. Pulling tooth from elephant. Nov. 3, 1924. Library of Congress. A patient has a statutory right to a copy of medical records on request, with this right enforceable by a special proceeding for an order to show cause allowing the court to impose
No Flawed Pleading Being Pursued or Advocated, and Safe Harbor 21 Day Period Not Followed. Justice Bedsworth, on behalf of a 3-0 panel, reversed a $10,443 sanctions award against plaintiff’s attorney of $10,443 under Code of Civil Procedure section 128.7 founded on the lower court’s perception that the attorney should have substituted out
Costs and sanctions are generally discretionary matters, even if the record might show a different conclusion could have been reached. Appellate courts are loathe to disturb a trial court’s conclusion in such matters, as Sdun v. Patterson, Case No. C070623 (3d Dist. Feb. 18, 2015) (unpublished) aptly illustrates. There, plaintiffs won a
Multiple Bases Supported Sanctions Award. You gotta really look at the facts when appealing a discretionary sanctions award. If they bad, you might want to forego and go onto more productive ventures. Archer v. Archer, Case No. B254750 (2d Dist., Div. 4 Jan. 26, 2015) (unpublished) teaches that well. This one involved
Civil Action Was Part of Bitter Dissolution Dispute. Husband, during the pendency of apparent bitter dissolution proceedings with his former wife, filed multiple civil lawsuits against wife, her parents, and her parents’ trust. Earlier, in one of the actions, the assigned civil judge refused to deem the matter related to the family law
Lower Court’s $5,000 Sanctions Order Reversed. Egyptian taxpayers seized for non-payment of taxes. H.G. Wells, The Outline of History (1920). From Wikipedia article on Tax Resistance. In Berjikian v. Franchise Tax Board, Case No. B252427 (2d Dist., Div. 7 Jan. 12, 2015) (unpublished), two taxpayers challenged the constitutionality of a Business
False Statement By Lender’s Defense Counsel Occurred in Superseded Pleading. In Tyshkevich v. Countrywide Home Loans, Inc., Case No. C070764 (3d Dist. Dec. 26, 2014) (unpublished), homeowner lost both a challenge to a residential foreclosure and a request for sanctions against lender’s defense counsel under Code of Civil Procedure section 128.7. The lender’s
