Cases: Sanctions

Sanctions and Family Law: First District, Division Two Upholds Sanctions in the Amount of $15,030 Against Attorney Representing Mother in Custody Dispute

Cases: Family Law, Cases: Sanctions

State Bar’s Decision that Discipline Was Not Warranted Does Not Move Court to Overturn Sanctions Award.      The genesis of the next case was a heart-rending child custody dispute that could be a made-for-television movie.  Unfortunately, it was real life rather than entertainment.  Robinson v. Charlton A., A104663 (1st Dist., Div. 2, July 27, 2009) […]

E-Discovery: Georgia Federal Court Orders Defendant To Reimburse Plaintiff $1,022,700 In Attorney’s Fees And Costs As Discovery Sanction

Cases: Discovery, Cases: Sanctions

District Court Opts for Sanctions Rather Than Entering Astronomical Default Judgment.      This one certainly caught our eye and illustrates how e-discovery sanction can involve steep reimbursement of significant attorney’s fees and costs.      In Kipperman v. Onex Corp. (Kipperman II), 2009 U.S. Dist. LEXIS 44457 (N.D. Ga. May 26, 2009), a district judge found

Discovery Sanctions: Fifth District Reverses $1,190 Sanctions Award Against Plaintiff When Trial Court Granted Reconsideration On Tardy Expert Witness Augmentation

Cases: Discovery, Cases: Sanctions

Fifth District Found That Absence of Sanctions Request in Motion for Reconsideration Meant the Award Violated Due Process.      Frequently, we have discussed sanctions awards that are vacated because they do not comply with due process. Here is another one, occurring in connection with a successful defense reconsideration motion regarding a tardy expert witness augmentation.

CCP Section 128.7 Sanctions: Obey The Safe Harbor Provisions Or Be Precluded!

Cases: Sanctions

  Second District, Division 7 Requires Compliance By the Numbers.      Martorana v. Marlin & Saltzman, Case No. B209863 (2d Dist., Div. 7 July 1, 2009) (certified for publication) involved a plaintiff wage/hour class member that brought an independent action against defendant Allstate and class counsel alleging negligence in the claim filing process. Allstate’s and

Receivership Fees: Court Of Appeal Affirms $96,000 Fee Request For Receiver And His Counsel, Assessing Against Parties To The Litigation And Modifying Judgment So That Bankrupt Party’s Principal Bore A Proportionate Share

Cases: Bankruptcy Efforts, Cases: Sanctions

Fourth District, Division 1 Sanctions Party and His Counsel for Not Notifying It About a Bankruptcy Case with Automatic Stay Implications.      The next case is not that remarkable for affirming a $96,000 award of fees to a receiver and his counsel, but reminds us that the trial court can equitably divide the fees against

Discovery Sanctions: $2,265 Sanctions For Nonparty’s Failure to Appear At Discovery “Records and Appearance” Deposition Affirmed On Appeal

Cases: Discovery, Cases: Sanctions

First District, Division 3 Resolves Conflict Between CCP sections 1987.5 and 2020.510(b).      A percipient nonparty witness was served with a deposition subpoena commanding him to give testimony and produce documents during the discovery process. However, the subpoena had no affidavit or declaration of good cause. Nonparty banked on the invalidity of the subpoena because

Family Law Awards: Duplicative Civil Proceeding To Family Law Matter Does Not Necessarily Justify Family Code Section 271 Sanctions

Cases: Family Law, Cases: Sanctions

Fourth District, Division 2 Upholds No Sanctions Award in Unpublished Opinion.      In our category “Family Law Awards,” we have surveyed many past decisions awarding fees against family law litigants based on Family Code section 271, which allows an award of fees as a sanction against a litigant that frustrates settlement, increases the cost of

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