Reduced Sanctions Were Awarded, But Excuses For The Losing Side Were Not Credited. We would say that Heesung Investment, Inc. v. Karle, Case No. E074320 (4th Dist., Div. 2 May 11, 2021) (unpublished) indicates that, like many other appeals, credibility reigns king. This one involved reduced discovery sanctions of $4,423 against a litigant […]
The Deposition Subpoena And Motion To Compel Compliance Were Not Properly Served On Nonparty, Plus The Motion To Compel and For Sanctions Was Untimely. In Yousif v. Alpine Orthopedic Medical Group, Case No. F078734 (5th Dist., May 7, 2021) (unpublished), certain defendants in a malpractice action sought discovery from a nonparty doctor through a
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.
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 In Aquino v. Klein, Case No. B301186 (2d Dist., Div. 3 Apr. 8, 2021) (unpublished), a dispute between friends, who went into business and then had a falling out romantically, resulted
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
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
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
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
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
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
