Cases: Sanctions

Sanctions: $1,857.50 Sanctions Against Insurer Vacated As Unauthorized Under Statute Or Court Rule

Cases: Sanctions, Cases: Settlement

  Second District, Division 7 Reverses Award in Published Decision.      For years, insurance carriers have raised due process concerns to their participation in mediation and mandatory settlement conferences, although more and more court rules require their participation in these processes. However, the next case illustrates that carriers are not subject to “bad faith” settlement […]

CCP Section 128.7: Client Cannot Appeal Or Seek Writ Review Of Sanctions Assessed Solely Against Client’s Attorney

Cases: Sanctions

Client Is Not Aggrieved or Does Not Have Beneficial Interest for Purposes of Seeking Review of Attorney Sanctions Order.      Attorneys get socked with a $12,504 sanctions order under Code of Civil Procedure section 128.7 in construction defect litigation. Their client then appeals or seeks writ review of the adverse order. Result? Client has no

Fee Awards Under 28 U.S.C. Section 1927: Seventh Circuit Holds That Attorney’s Wealth Or Ability To Pay Is An Irrelevant Consideration

Cases: Sanctions

Federal Court of Appeals Prefers Bright-line Rule; Also Reaffirms that Ability to Pay Is a Relevant Factor in Assessing Rule 11 Sanctions.      Although we usually stick to California cases, we discuss a colorfully written decision by the Seventh Circuit on wealth/ability to pay as a factor to be considered when assessing attorney’s fees as

Terminating Sanctions And Substantial Default Judgment Reversed Because Of Failure To Show Willfulness

Cases: Discovery, Cases: POOF!, Cases: Sanctions

Sixth District Vacates $730,466.10 Default Judgment and Reinstates Defendant’s Answer.      The next case is a good example of the POOF! principle. Plaintiff obtained a $730,466.10 default judgment against defendant, set up by the trial court’s grant of terminating sanctions for failure to respond to discovery requests. The only problem is that the record did

Reneging House Seller Hit With Adverse $226,577.74 For Losing Specific Performance and Unlawful Detainer Actions

Cases: Sanctions, Cases: Section 1717

Court of Appeal Affirms Substantial Fee Award, But Reverses CCP Section 128.7 Sanctions.      As our Mission Statement warns, attorney’s fees can make or break a litigant given the high costs of taking a case to verdict or decision. The next litigant learned this message all too well, when a substantial fee award was affirmed

Sanctions: Court of Appeal Vacates Discovery Sanctions Against Defendant With Respect To Form Interrogatory Responses

Cases: Discovery, Cases: Sanctions

Second District, Division 3 Calls Into Question Whether Defense Needs to Answer Some Personal Injury Questions in Many Cases.      Discovery is the bane of most litigators’ existence. It is freely allowed (subject to certain limitations)—vacillating from tedious and time consuming (at one pole) to burdensome and extremely expensive (at the other side of the

Family Law Arbitration Award: Fee Sanctions Vacated Where Wife Had Argument That Contractual Arbitration Agreement Had Been Rescinded

Cases: Family Law, Cases: Sanctions

Fifth District Vacates $6,000 in Sanctions Against Wife.      The beginning sentences of In re Marriage of Grady and Britten, Case No. F054668 (5th Dist. Feb. 17, 2009) (unpublished) are ominous in tone: “Arbitration typically is viewed as a relatively fast, inexpensive way to resolve disputes. This view assumes the existence of a clear and

CCP Section 128.7 Sanctions: $118,584.95 Sanctions Levied For Jury Mistrial Based On Corporate Plaintiff’s Lack Of Capacity To Sue

Cases: Sanctions

Second District, Division 1 Sustains Substantial Sanctions Award on Appeal.      Sanctions can sting. The next case shows it–and we bloggers are still smarting from having read the case.      BCX International, Inc. v. York, Case No. B198375 (2d Dist., Div. 1 Feb. 10, 2009) (unpublished), briefly put, involved a Massachusetts corporate plaintiff that, during

Sanctions: $8,836 In Various Sanctions Affirmed Against Plaintiff Losing Claims Through Demurrer Or Summary Judgment

Cases: Appealability, Cases: Sanctions

Court of Appeal Reverses $15,611.50 in 128.7 Sanctions Because “Safe Harbor” Papers Were Not Identical to Filed 128.7 Motion Papers.      In a lengthy but informative unpublished opinion, the Fourth District, Division One affirmed and reversed some sanctions components assessed against a plaintiff who was defensed through demurrer and summary judgment law-and-motion proceedings in his

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