Cases: Sanctions

Sanctions: $9,120 CCP § 128.7 Sanctions Order Against Husband And His Counsel In Civil Action Reversed Because Record Did Not Show Improper Motive

Cases: Sanctions

  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 […]

POOF!/Sanctions: Appellate Reversal Of Without Leave Demurrer Ruling Meant Taxpayer’s Constitutionality Challenge Was Not Frivolous

Cases: POOF!, Cases: Sanctions

  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       In Berjikian v. Franchise Tax Board, Case No. B252427 (2d Dist., Div. 7 Jan. 12, 2015) (unpublished), two taxpayers challenged the constitutionality of a Business

Sanctions: Homeowner Eventually Losing Residential Foreclosure Challenge Also Correctly Denied Sanctions Under CCP Section 128.7

Cases: Sanctions

  False Statement By Lender’s Defense Counsel Occurred in Superseded Pleading.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 Dec. 26, 2014) (unpublished), homeowner lost both a challenge to a residential foreclosure and a request for sanctions against lender’s defense counsel under Code of Civil Procedure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

Private Attorney General/Sanctions/Special Fee Shifting: Defendants Winning Demurrer On B & P Code Section Relating to Legal Advertising Improperly Awarded Fees Under B&P Code § 6158.4(i), Incorporating Private Attorney General Fee Entitlemen

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5), Cases: Sanctions, Cases: Special Fee Shifting Statutes

  $18,900 Fee Award Goes POOF!, But Opponent’s CCP § 128.7 Motion Correctly Denied Where Defendants Trimmed Fee Request Down After Getting Safe Harbor Documents.      This next opinion, Ashegian v. Beirne, Case No. B254020 (2d Dist., Div. 4 Nov. 19, 2014) (unpublished), is interesting because it deals with a first impression issue relating to

Sanctions: Sanctions Order Is Affirmed Where Properly Filed Motion To Quash Was Not Timely Withdrawn After It Became Unnecessary

Cases: Sanctions

Court Adopts Broad Interpretation To Statutory Reference To When The “Motion Was Made”.      In a published decision, the Sixth District, Division 1, affirms and holds “that a trial court may impose sanctions under Code of Civil Procedure section 1987.2 against a litigant for pursuing a motion to quash that, even though legitimately filed, was

Bankruptcy/Equity/Sanctions: Fee Recovery Affirmed And Reversed In Part In Case Involving Federal Work and Vexatious Litigant Orders

Cases: Bankruptcy Efforts, Cases: Equity, Cases: Sanctions

  Some Should Have Been Sought In Federal Court, But Vexatious Litigant Sanctions And Addition Of Attorney As Judgment Debtor, Who Assisted Vexatious Litigant, Was Proper.      Kempton v. Clark, Case No. B248713 (2d Dist., Div. 2 Sept. 25, 2014) (unpublished) is a real imbroglio involving bankruptcy adversary and state court proceedings in which vexatious

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