Cases: Sanctions

Requests For Admission, Sanctions: 2/8 DCA Reverses And Remands Trial Court’s Denial Of Costs Of Proof Sanctions To Plaintiff Association And Amends $75,190.98 Judgment Entered In Plaintiff’s Favor To Add Over $7.8 Million In Damages

Cases: Requests for Admission, Cases: Sanctions

Trial Court Was Required To Award Plaintiff Its Reasonable Fees And Costs Incurred In Proving Matters Defendants Failed To Admit Without Reasonable Grounds To Do So, And Plaintiff Association Had Standing To Seek Damages On Behalf Of Its Members.             In Assn. for L.A. Deputy Sheriffs v. Macias, Case No. B295086 (2d Dist., Div. […]

Reasonableness Of Fees, Sanctions: 50% Fee Recovery Award To Prevailing Party Was No Abuse Of Discretion

Cases: Reasonableness of Fees, Cases: Sanctions

Denial Of $16,060 Sanctions Fee Request Was No Error Because It Was An Interim Ruling Not Impacting The Litigant’s Eventual Prevailing Party Status.             In Aquino v. Klein, Case No. B301186 (2d Dist., Div. 3 Apr. 8, 2021) (unpublished), a dispute between friends, who went into business and then had a falling out romantically, resulted

Discovery, Sanctions: 1/3 DCA Affirms Trial Court’s Order, Entered After Plaintiffs Voluntarily Dismissed The Case, Setting Aside Monetary Sanctions Previously Imposed Against Defendant For Discovery Abuses.

Cases: Discovery, Cases: Sanctions

Exceptions To The General Rule That Deprives Trial Courts Of Jurisdiction Following Voluntary Dismissal Of A Case Allow Trial Courts To Retain Jurisdiction To Determine And Enforce Collateral Statutory Rights – Such As Motions For Sanctions.             In Manhan v. Gallagher, Case No. A158152 (1st Dist., Div. 3 March 26, 2021) (published), plaintiffs filed

Discovery, Sanctions: Continued Deficiencies In Discovery Responses Resulted In Monetary And Evidentiary Sanctions Against Self-Represented Plaintiff, And Ended In Terminating Sanctions.

Cases: Discovery, Cases: Sanctions

Affirmance Of The Terminating Sanctions Mooted Plaintiff’s Appeal Of The Trial Court’s Order Sustaining Defendants’ Demurrers And Motions To Strike.             Following ten months of meet and confer correspondence, seven sets of amended discovery responses, and impositions of evidentiary and $8,000 in monetary sanctions, the trial court issued terminating sanctions with prejudice against self-represented

In The News, Sanctions: Attorneys In Voting Dispute Sanctioned For Not Being Candid With The Court

Cases: Sanctions, In The News

They Should Have Revealed That An Almost Identical Motion Was Made And Denied Before.             As recently reported in the on-line ABA Journal, the Fifth Circuit Court of Appeals in Texas Alliance for Retired Americans v. Hughs, No. 20-40643 (5th Cir. Mar. 11, 2021) (per curiam, 2-1 vote) issued sanctions against defendant’s attorney in a

Sanctions: $125,690.56 Section 128.5 Sanctions Order Against Plaintiff’s Class Action Attorneys, Hinged On Settlement Agreement Release Language, Reversed As A Matter Of Law

Cases: Sanctions

Also, Order Denying Sanctions Request Is Not Appealable In Itself, With A Writ Or Appeal After Final Judgment Being The Ways To Challenge Such An Order.             Plaintiff’s class action attorneys, who represented a client arising out of spiraling events from a minor alleged debt by Capital One, were sanctioned $125,690.56 under CCP § 128.5

Sanctions: Ninth Circuit Reverses Six Sanctions Imposed By District Court Under Inherent Authority, Rather Than Pursuant To Statute Or Rule, Against Prevailing Plaintiff For Disobeying A Discovery Order

Cases: Sanctions

The District Court Did Not Have The Benefit Of The Goodyear Tire Decision At The Time It Issued The Sanctions Order So A Remand Was In Order.             America Unites For Kids v. Rousseau, Case No. 16-56390 (9th Cir. January 22, 2021) (published), has a nice discussion on the procedural requirements and substantive limitations

Discovery, Sanctions: $6,954.95 Deposition Discovery Sanctions Award Was Appealable Even Though It Was Payable To Two Different Recipients, While $1,750 Sanctions Award Was Not Appealable

Cases: Discovery, Cases: Sanctions

However, The Merits Appeal Of The $6,954.95 Sanctions Award Did Not Succeed Based On Failure To Appreciate The Nature Of The Deposition Process.             Burke v. Newport-Mesa Unified School Dist., Case No. G058732 (4th Dist., Div. 3 Jan. 21, 2021) (unpublished), authored by Justice Goethals of our local Santa Ana appellate court, has some interesting

Appealability, Discovery, Sanctions: Appeal Of Terminating Sanctions Does Not Necessarily Also Encompass Challenge To Discovery Monetary Sanctions

Cases: Appealability, Cases: Discovery, Cases: Sanctions

2/7 DCA Implicitly Suggests Disagreement With Other Decisions, But Finds Two Sanctions Orders Were Not Intertwined.             OK, for you folks who love technical appealability issues, Taylor v. Forde, Case No. B298957 (2d Dist., Div. 7 Jan. 20, 2021) (unpublished), may be your forte, especially when it comes to appealability of discovery terminating sanctions orders

Family Law, Sanctions: Trial Court’s Award To Attorney Husband Of $800 In Attorney Fees In The Nature Of Sanctions Under Section 271 Reversed As A Matter Of Law

Cases: Family Law, Cases: Sanctions

Self-Represented Attorney Husband Incurred No Fees To Which The Section 271 Sanctions Must Be Tethered.             Family Code § 271, subdivision (a), provides that “the court may base an award of attorney’s fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law

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