Cases: Sanctions

Arbitration/Probate/Sanctions: Trust Beneficiary Gets Hit With Settlement Agreement Fees/Costs And CCP § 128.7 Sanctions

Cases: Arbitration, Cases: Probate, Cases: Sanctions

Problem Was That Arbitrator Could Construe Settlement Agreement, While Probate Court Could Control Arbitrator Appointment Issues.             This is a case where a trust beneficiary in Estate of Buser Trust, Case No. Do63381 (4th Dist., Div. 1 July 3, 2014) (unpublished) somewhat stepped into litigation “goo,” especially where both a probate court and arbitrator were […]

Prevailing Party/Sanctions/Section 1717: $60,000 Sanctions Award Against Plaintiffs/Plaintiffs’ Counsel Under CCP § 128.7 Affirmed

Cases: Prevailing Party, Cases: Sanctions, Cases: Section 1717

Additional $60,000 Fee Recovery Against Plaintiffs For Dismissed Tort Claims Also Sustained Based On Breadth Of Fees Clause. ​ Peake v. Underwood, Case No D061267 (4th Dist., Div. 1 June 25, 2014) (partially published) is a great primer on CCP § 128.7 sanctions, on how to properly present such a sanctions request, and on the

Appealability/Equity/Sanctions: In Pro Per Litigant Denied $31,000 In Compensatory Legal Fees When Trial Judge Discretionary Granted Relief From Default

Cases: Appealability, Cases: Equity, Cases: Sanctions

Lower Court Did Not Err In Directing That $1,000 Penalty Be Paid By Party Requesting Default Relief to Superior Court Instead. ​In Sanai v. Pfeiffer, Case No. B246349 (2d Dist., Div. 4 June 26, 2014) (unpublished), an in pro per attorney sued an ex-client defendant for $149,240 in legal fees. However, the defense filed a

Sanctions: Ninth Circuit Affirms District Court’s Vacating Of Bankruptcy Court Daily Sanctions Until Date Violating Party Knew Sanctions Would Fall

Cases: Sanctions

  Due Process At Work In This One. ​In In re Icenhower, Case No. 12-56329 (9th Cir. June 26, 2014) (published), a bankruptcy court imposed contempt sanctions against defendants for failing to transfer a Mexican coastal villa to plaintiff. The district court, however, vacated $25,000 daily sanctions for failure to vacate on the basis that

Discovery/Sanctions: Quinn Emanuel Firm And Client Samsung Ordered To Pay More Than $2 Million In Discovery Sanctions For Disclosing Confidential License Terms Between Apple And Nokia To Samsung

Cases: Discovery, Cases: Sanctions

  Nokia Receives $1.5 Million And Apple About $894,000.      U.S. Magistrate Judge Paul Grewal of the Northern District of California, on June 20, 2014, ordered Quinn Emanuel Urquhart & Sullivan LLP and its client Samsung Electronics Co. Ltd. to pay more than $2 million in sanctions for disclosing confidential terms of a patent license

Discovery/Sanctions: Appeal By Plaintiff’s Attorney From Adverse Discovery Monetary Sanctions Award Dismissed As Moot

Cases: Discovery, Cases: Sanctions

  Parties Agreed to Settlement Where Neither Plaintiff Nor His Attorneys Liable for Discovery Sanctions, Mooting the Appeal.      Ya know, sometimes you should simply throw in the towel once a dispute has been resolved, aiding the appellate court in saving some resources so that they can dismiss an appeal without the need for an

Sanctions: $6,000 Sanctions Against Plaintiff/Its Counsel Affirmed For Frivolous CEQA Claim

Cases: Sanctions

  Public Resources Code Section 21169.11 Imposes Discretionary Sanction Power on Lower Court, Judged By An Objective Standard as to Frivolousness.      Public Resources Code section 21169.11 provides that a lower court may impose an appropriate sanction, up to $10,000, upon parties, attorneys, or law firms responsible for bringing/prosecuting a frivolous CEQA claim. In Helping

Sanctions: Santa Cruz District Attorney’s Office, Hit With $500 Sanctions Under CCP § 177.5, Does Not Get Order Overturned On Appeal

Cases: Sanctions

  One of Our Few Posts Which Might Interest Criminal Practitioners.      This is one of the few posts that might interest criminal practitioners or practitioners who have a mixed criminal/civil practice.      The Santa Cruz District Attorney’s Office in Lee v. Superior Court, Case No. H039380 (6th Dist. Apr. 14, 2014) (unpublished) had a

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