Case Does Raise How One Can Ever Get Sanctions In This Area In A Normal Case. We understand that CCP § 128.7 sanctions need to follow strict procedural steps. However, motions for reconsideration usually proceed along an expedited timeline, although in a particular case they may go along a more prolonged regular law and […]
$6,900 Was The Sanctions Order Amount. In Kitami v. Sabrah, Case No. A164399 (1st Dist., Div. 2 Dec. 13, 2022) (unpublished), plaintiff was hit with an adverse $6,900 discovery sanctions order. But that order was after the case had been removed to federal court. As a result, it had to be reversed for lack
Statutory Provision Allows For These Awards Where An Ex-Spouse/Ex-Partner Fails To Satisfy His/Her Disclosure Violations In A Dissolution Proceeding. Family Code section 2107(c) allows a family law judge to award fees, costs, and sanctions for disclosure violations during a dissolution proceeding, with certain disclosure obligations triggered by the service of the divorce action. In
$58,400 In Sanctions Were Imposed. In In re Marriage of Blake & Langer, Case No. B311966 (2d Dist., Div. 4 Nov. 10, 2022) (published), husband filed a joinder complaint against wife’s brother and wife’s father in wife’s dissolution action. Wife’s brother filed a frivolous motion to disqualify husband’s attorneys. Husband filed a Family Code
Citing Legal Precedent, Dissenting Justice Would Have Affirmed – Seeing No Basis For “The Majority’s Unprecedented Statutory Analysis.” Nine months after plaintiff dismissed with prejudice its case in City of Los Angeles v. PricewaterhouseCoopers, LLC, Case No. B310118 (2d Dist., Div. 5 October 20, 2022) (published), PricewaterhouseCoopers (“PWC”) moved for monetary sanctions pursuant to
Prior Dismissal Of A Premature Appeal Did Not Retard Consideration Of This Appeal, Plus Be Careful To Observe Memorandum Page Limits! Bush v. Cardinale, Case No. A158757 (1st Dist., Div. 4 Sept. 27, 2022; posted on Sept. 28, 2022) (unpublished) involved an appeal of a $2,000 CCP § 128.7 sanctions order against an attorney
Decision Also Has A Colorful Quote On A Confusing Appellant’s Brief. If a motion for reconsideration is meritless, frivolous, or filed in bad faith, the trial court may order sanctions against the movant pursuant to section 128.7 of the Code of Civil Procedure. (Code Civ. Proc., § 1008, subd. (d); Young v. Rosenthal
Panel Also Issues Cautionary Warning For Badly Written, Nonpersuasive Appellate Briefs In The Future. The 1/2 DCA, in Shiheiber v. JPMorgan Chase Bank, N.A., Case No A160188 (1st Dist., Div. 2 July 25, 2022) (published), affirmed a $950 sanctions award against an attorney for violating local pre-trial preparatory filing rules under Code of Civil
4/2 DCA Followed Broadcast Music Opinion From Earlier This Year. It looks like we are getting a gathering consensus from the intermediate appellate courts on the compliant timing for filing a CCP § 128.5 or 128.7 sanctions motion after service of the “unfiled, but served” safe harbor motion. Agreeing with the conclusion of the
Justice Perren References The Pierian Spring In His Authoring Of The Opinion. Here is how the opinion in Ben-Yashar’el v. Kirschbaum, Case No. B315184 (2d Dist., Div. 6 July 15, 2022) (unpublished) starts out: "A little learning is a dangerous thing; Drink deep, or taste
