Cases: Sanctions

Sanctions: $20,950 Discovery Sanctions Order Reversed Because Notice Of Motion Did Not Provide Due Process Notice To Defendant On The Basis For Such An Award

Cases: Sanctions

Form Does Matter When It Comes To Due Process.             In Timlick v. National Enterprise Systems, Inc., Case No. A165127 (1st Dist., Div. 3 Dec. 28, 2023) (unpublished), plaintiff was awarded $20,950 in attorney’s fees as a discovery “sanction” even though plaintiff’s notice of motion did not identify the party against whom the discovery sanctions […]

Sanctions: $6,000 Discovery Sanctions Award Affirmed

Cases: Sanctions

But Appellate Court Has Harsh Word For Appellant’s Counsel On It Attempting To Argue The Merits Of A Nonappealable Discovery Ruling.             In Tedesco v. White, Case No. G061197 (4th Dist., Div. 3 Oct. 27, 2023) (published), a tedious conservatorship battle, appellant appealed a $6,000 sanctions award against litigant and their counsel, jointly and severally,

Appealability, Sanctions: 4/1 DCA Holds In Unpublished Opinion That Interlocutory Order Denying CCP § 128.7 Sanctions Is Not Appealable

Cases: Appealability, Cases: Sanctions

It Is Appealable From A Final Judgment, Although There Is A Split In DCA Thinking On The Issue.             In Arteaga v. California Restaurants, Inc., Case No. D082258 (4th Dist., Div. 1 Oct. 17, 2023) (unpublished), plaintiff filed a CCP § 128.7 sanctions motion which was denied in a class action case, prompting an appeal. 

Sanctions: $5,676 In CCP §128.7 Sanctions Affirmed Where Employees Brought Their Own Withdrawn 128.7 Motion For An Improper Purpose

Cases: Sanctions

Defense Requested $8,000 In Fees As Sanctions, But Lower Court Awarded Less.             Acting Presiding Justice Bedsworth, in Maldonado v. Aluminum Precision Products, Case No. G061415 (4th Dist., Div. 3 Aug. 28, 2023) (unpublished), authored an opinion affirming a $5,676 attorney’s fees award from the defense having to oppose an improper CCP § 128.7 motion

Sanctions: $5,771.25 Sanctions Against Plaintiff And Her Attorney Under CCP § 128.5 On A Local Issues Conference Affirmed As To Attorney, But Reversed As To Client

Cases: Sanctions

Client Had No Clear Notice Of A Violation.             Acting Presiding Justice Bedsworth, regrettably, had to author a 4/3 DCA opinion on a $5,771.25 sanctions award against plaintiff and her attorney relating to a dispute on whether a local pre-trial issues conference had to be held in-person or remotely.  (The trial court concluded that plaintiff

Discovery, Sanctions: Litigant’s Response To Document Requests Does Not Need To Specify Which Documents Are Responsive

Cases: Discovery, Cases: Sanctions

Discovery Sanctions Were Vacated, With Litigant Also Substantially Complying With Document Production Requirements.             Plaintiff and his counsel were sanctioned $910 for misusing the discovery process, in Pollock v. Superior Court (Schuster), Case No. B321229 (2d Dist., Div. 1 July 31, 2023) (published), because plaintiff failed to specify what documents were being produced in the

Discovery, Judgment Enforcement, Sanctions: Lower Court’s Failure To Include Discovery Sanctions In Post-Trial Judgment Was Not Erroneous

Cases: Discovery, Cases: Judgment Enforcement, Cases: Sanctions

Discovery Sanctions Was An Independent Monetary Judgment Subject to Post-Judgment Enforcement.             In Marriage of Bush, Case No. G061202 (4th Dist., Div. 3 June 15, 2023) (unpublished), a family law judge issued $3,635 in discovery sanctions against wife, but the judge stayed any payment until a trial determined who owed what.  However, the monetary sanction

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