Cases: Sanctions

Sanctions: Fourth District, Division 1 Follows Galleria – CCP § 128.7 Safe Harbor Provision Not Satisfied Unless Unfiled Motion Has Definitive Hearing Date

Cases: Sanctions

  Although Unpublished, Does Tell Lower Courts You Have To Calendar and Reserve a Date Even If the Motion Is Unfiled And Potentially Never Heard.      This next case, although unpublished, is very interesting, and it will see how it pans out for practitioners and superior courts as far as calendaring/scheduling/reserving dates for motions, given […]

Sanctions: Court’s Sua Sponte Sanctions Order Reversed Because No Description Of Offending Conduct And Sanctions Cannot Be Awarded To Other Party

Cases: Sanctions

  These Types of Sanctions Had To Go To Court.      A lower court, on its own OSC, imposed sanctions against one of plaintiff’s attorneys and in favor of defendant under Code of Civil Procedure section 128.7(b), (d)(2), but this was reversed by the appellate court in Meusner v. Allstate Ins. Co., Case No. A136243

Appealability/Sanctions: Non-Aggrieved Parties, Not Attorneys, Appealing From Sanctions Order Lacked Standing

Cases: Appealability, Cases: Sanctions

  Appeal Dismissed on Summary Basis.      Gotta have standing to appeal. Basic principle, but one reinforced in Maktab Tarighat Oveyssi Shahmaghsoudi v. Azizi, Case No. A138115 (1st Dist., Div. 5 Feb. 5, 2014) (unpublished).      Clients’ attorneys got sanctioned in a discovery matter, with the lower court imposing a $10,500 sanctions order. Clients appealed.

Sanctions: Defendants Get Hit With $95K In Fees/Costs Payable To Plaintiff’s Lawyers Opposing Sanctions And To Plaintiff Because Defense Improperly Brought CCP § 128.7 Motion

Cases: Sanctions

Client Does Lose Attempt to Get Fees For Defending Against Sanctions Motion Because Such Recovery Is Not Automatic Under Section 128.7(c), With Lower Court Being Able to Conclude $95K Award Sufficed.      Genutec Business Solutions, Inc. v. Taus, Case No. G046062 (4th Dist., Div. 3 Jan. 30, 2014) (unpublished), a 3-0 decision authored by Presiding

Appealability/Discovery/Sanctions: Ninth Circuit Decides That Non-Party’s Appeal Of Interlocutory Orders After Date Of Final Judgment Is Timely

Cases: Appealability, Cases: Discovery, Cases: Sanctions

  Appeals Court Affirms Denial of Sanctions But Remands for Cost-Shifting in Favor of Non-Party in FRCP 45 Subpoena Dispute.      The Ninth Circuit has ended the year with a “bang” as far as clarifying non-party appeal rights and the circumstances under which subpoena compliance cost shifting is mandatory under F.R.Civ.P. 45.      The opinion

Prevailing Party/Sanctions/Special Fee Shifting Statute: U.S. District Judge England Denies Clean Water Act Attorney’s Fees To Defendant After Plaintiffs Voluntarily Dismissed Citizsens Suit Due To High Ongoing Litigation Costs

Cases: Prevailing Party, Cases: Sanctions, Cases: Special Fee Shifting Statutes

  District Court Also Denied Plaintiff’s Requests for Sanctions After Defendant Withdrew Rule 11 Motion After Grant of Voluntary Dismissal; Reasons For Both — No Prevailing Party.      The Clean Water Act, 33 U.S.C. § 1365, allows citizen suits and has a fee-shifting clause which allows a district court, in its discretion, to award litigation

Appeal Sanctions/Family Law: $8,000 In Sanctions To Ex-Wife For Child Support Arrears Reimbursement, Denial Of Discovery Sanctions To Ex-Husband, And $22,000 Appeals Sanctions Against Husband/His Counsel For Frivolous Appeal All Sustained

Cases: Family Law, Cases: Sanctions

  Be careful what you appeal.      In Marriage of O’Neill and Mitruka, Case Nos. Do62049/D062539 (4th Dist., Div. 1 Nov. 26, 2013) (unpublished), the appellate court affirmed these lower court determinations in a family law dispute:      (a) Sustained a $8,000 fee award in favor of ex-wife for obtaining child support arrears reimbursement given

Probate/Sanctions: Trust Beneficiary Hit With $105,300 In Attorneys Fees And Costs To Trustee And Guardian Ad Litem Under CCP § 128.5 Does Not Get Relief On Appeal

Cases: Probate, Cases: Sanctions

  Probate Court Equitable Powers Prevail.      Estate of Sprott, Case No. B237989 (2d Dist., Div. 1 Nov. 22, 2013) (unpublished) is a case where a trust beneficiary of a modest trust estate of around $300,000 rang up over $100,000 in fees on bringing lots of motions which did not prevail. Ultimately, he was hit

Family Law/Sanctions: $43,000 Sanctions Reversed Against Attorney For Violating California State Bar Rules Of Professional Conduct Through Hiring An Ineligible Co-counsel In Family Law Proceeding

Cases: Family Law, Cases: Sanctions

  Basis for Sanction–CRC 2.30(b)–Is Not Well-Founded.      A family law attorney, in Marriage of Bianco, Case No. D062061 (4th Dist., Div. 1 Nov. 22, 2013) (published), was sanctioned $43,000, after a mistrial in a family law matter, because her co-counsel was ineligible to practice law, which might well have constituted a violation of the

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