Cases: Sanctions – Page 37 – Cal Attorneys Fees

E-Discovery: California State And Federal Courts Will Award Attorney’s Fees As Sanctions For Hiding or Obstructing Electronic Document Discovery

July 30, 2008

Lombardo and Qualcomm Typlify Cases Sustaining Substantial Fee Awards in E-Discovery Disputes. About a year ago, LiveOffice, an on-demand messaging security provider, released these fascinating findings based on a nationwide survey: · 53% of 400 IT managers and consumers admitted that they were not in position to meet federal […]

Violation of In Limine Rulings Does Not Give Rise To Attorney’s Fees Sanctions

Cases: Sanctions, Cases: Section 998, Cases: Special Fee Shifting Statutes

July 28, 2008

First District Reverses Fee Sanctions Award and Award to State Under Code of Civil Procedure section 1038, But Affirms 998 Award to State. This next case establishes that fee sanctions must have a firm basis in legislatively-authorized statutes (or implementing rules) that have solid due process protections. Relying only on inherent

Losing Husband Will Be Assessed With Family Code Section 271 Sanctions For Prosecuting A Meritless Appeal

Cases: Sanctions

July 17, 2008

Fourth District, Division Three Remands to Lower Court For Award of Sanctions under Section 271. We reviewed the fee shifting provision in Family Code section 271—which is considered to be akin to a sanction—in our July 7, 2008 post discussion of In re Marriage of MacIntyre and in our July 8,

Sixth District Affirms $64,500 Attorney’s Fees Sanctions Awards Against Former Wife For Prosecuting Meritless Contempt and New Trial Motions

Cases: Sanctions

July 8, 2008

Fee Sanctions Awards Under Both Code of Civil Procedure section 128.7 and Family Code section 271 Sustained On Appeal. In another July 8, 2008 post, we discussed In re MacIntyre, a First District unpublished decision affirming an approximately $12,000 attorney’s fees sanction awarded under Family Code section 271. In the next

Family Code Section 271 Fee Sanctions Do Not Require Punitive Damage, Frivolous Appeal, Vexatious Litigant or Separate Injury Requirements

Cases: Sanctions

July 8, 2008

First District, Division Two Rejects Importation of These Requirements Into Family Code section 271. At last, we have a post for you family law practitioners on a fee award issue. Family Code section 271 authorizes fees/costs awards to the extent that a party frustrates the policy of

FAILURE TO TRUTHFULLY ANSWER REQUESTS FOR ADMISSIONS CAN BE COSTLY

Cases: Sanctions, Cases: Standard of Review

June 6, 2008

Second District Affirms $138,469.01 Fee Award For Improper Denial of Crucial Requests for Admission. Code of Civil Procedure section 2033.420(a) provides trial courts with authority to impose reasonable expenses, including reasonable attorney’s fees, which a requesting party incurs in proving the truth of any matter that is not admitted through the

THIRD DISTRICT COURT OF APPEAL WARNS PARTIES TO APPELLATE MEDIATIONS—NOTIFY INSURERS TO ATTEND AND ATTEND YOURSELF OR RISK PAYING THE ATTENDING PARTY’S WASTED ATTORNEY’S FEES

Cases: Mediation, Cases: Sanctions

June 1, 2008

Court of Appeal Construes Its Power to Sanction and Award Fees For Noncompliance with Local Mediation Program Dictates. Many appellate courts, including the Third District Court of Appeal (Sacramento), have appellate mediation programs by which parties to an appeal can try to informally resolve the case either before or after briefing