Cases: Sanctions

Sanctions: $1 Million Fee/Costs Award For Belated Production Of Computer Embedded Information During Trial Affirmed

Cases: Sanctions

  Jneid II Vindicated Award of Substantial Costs for Dilatory Production of Documents During Trial.      In our December 20, 2009 post, we explored Jneid v. Tripole, where our local Fourth District, Division 3 appellate court reversed as too severe issue/evidentiary sanctions essentially resulting in a “directed verdict” after defendant belatedly produced 17,000 pages of […]

Sanctions: Musaelian v. Adams CCP § 128.7 Sanctions Update

Cases: Sanctions

  Case Now Published.      In our July 3, 2011 post, we discussed Musaelian v. Adams, an unpublished First District decision discussing the standards for awarding attorney’s fees for defending against a CCP § 128.7 motion, using analogous Rule 11 federal case law in reaching its result. We can now report that this decision is

Special Fee Shifting Statute/Equity: Conditioning Leave To File Cross-Complaint Upon Payment Of $80,000 In Fees To Other Side Was No Go

Cases: Equity, Cases: Sanctions, Cases: Special Fee Shifting Statutes

  Condition Was Too Much of a Sanction, Because Fees Not Causally Related to Cross-Complaint Filing.      In a convoluted fee dispute between former client and attorney, the trial court granted attorney leave to file a cross-complaint, but conditioned on attorney paying client some $80,000 to compensate her for attorney’s fees she incurred in preparing

Sanctions: Attorney’s Fees Requested Under CCP § 128.7 Denied Where Motion Not Clearly Targeted And Appeal Was Not Frivolous In Nature

Cases: Allocation, Cases: Sanctions

  Remittitur Cost Apportionment Issue Also Considered.      The First District, Division 4, in a case it had seen before a couple of times (with the case eventually going to the state supreme court), had decided that an in pro per attorney could not collect an award of attorney’s fees in connection with CCP §

Discovery Sanctions: Blocking Deposition Questions On Prior Stress Events Justified Discovery Sanctions Against Plaintiff And His Attorney

Cases: Discovery, Cases: Sanctions

  Vinson Allows Such Inquiries During Discovery.      Where a plaintiff in a wrongful termination suit puts his/her medical condition into controversy, Vinson v. Superior Court, 43 Cal.3d 833 (1987) held that an IME/psychological exam was fair game because this condition was at issue in the suit.      In like vein, Acting Justice Rylaarsdam on

Deadlines, Family Law: Recent Unpublished Decision Reviews Deadlines For Claiming Section 271 Fee Recovery

Cases: Deadlines, Cases: Family Law, Cases: Sanctions

Second District, Division 6 Does So While Affirming $75,000 Sanctions Award.      In Marriage of Lancashire, Case No. B217022 (2d Dist., Div. 6 May 23, 2011) (unpublished), the Second District, Division 6 discussed deadlines for bringing attorney’s fees motions based on sanctionable conduct of family law litigants under Family Code section 271 before it

Sanctions: Lower Court Sanctions Under $5,000 Not Immediately Appealable

Cases: Sanctions

Appeal of Two Sanctions Orders Are Dismissed.      Warkentin v. Countrywide Home Loans, Case No. F059782 (5th Dist. Apr. 29, 2011) (unpublished) is a situation where the appellate court dismissed two appeals of sanctions orders, one of $2,012 for a plaintiff reasserting allegations that were earlier stricken from a pleading and the other amounting to

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