Cases: Sanctions

Sanctions, Section 1717, Special Fee Shifting Statutes: 2/7 DCA Reverses Sanctions Imposed Against Builder Defendants For Violation Of Stay Order Regarding A Development Project Of Four Homes In The Coastal Zone Of Venice.

Cases: Sanctions, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Stay Order Was Vague And Did Not Provide Builder With Information As To How It Was Supposed To Act Or What Conduct Would Violate The Stay.             In Rudisill v. California Coastal Commission, Case No. B299331 (2d Dist., Div. 7 June 22, 2021) (unpublished), two residents who opposed a development project consisting of four homes […]

Deadlines, Discovery, Sanctions: Class Action Debt Collector Defendant Unsuccessfully Argues On Appeal That Renewed Discovery Motion Was Untimely And 1/3 DCA Affirms Monetary Sanctions Of $8,400

Cases: Deadlines, Cases: Discovery, Cases: Sanctions

The Trial Court Declared The Discovery Motion Moot When It Granted Summary Judgment To Plaintiff, But Motion Was Renewed After Remand, And Parties Were Returned To Same Positions They Would Have Been In If Plaintiff Had Defeated Summary Judgment In The First Instance.             In Timlick v. National Enterprise Systems, Case No. A160110 (1st Dist.,

Family Law, Probate, Sanctions: Lower Court Properly Sanctioned Putative Spouse’s Attorney $3,617.50 Under CCP § 128.7 For Filing A Frivolous Putative Spouse Petition

Cases: Family Law, Cases: Probate, Cases: Sanctions

Putative Spouse Failed To Show She Had A Legal Marriage With The Respondent Under Indian Law, Based On A Res Judicata Finding In A Prior Conservatorship Petition Proceeding.             The problem for putative spouse and her attorney in Nijjar v. Nijjar, Case No. F078265 (5th Dist. June 10, 2021) (unpublished) is that they earlier lost

Sanctions, SLAPP: $8,734.24 Mandatory SLAPP Fee Award Affirmed, But The $16,178.35 Sanctions Award Against Plaintiff And His Trial Attorney Reversed

Cases: Sanctions, Cases: SLAPP

Safe Harbor Provision Was Not Complied With.             Despite the conclusion that plaintiff’s complaint was totally frivolous in nature (agreeing with a lower court’s assessment to the same effect), a Second District panel reversed a $16,178.35 sanctions award against plaintiff and his trial attorney, under CCP §§ 128.5 and 128.7, based on not satisfying the

Discovery, Sanctions: $4,423 Discovery Sanctions Affirmed Against Plaintiff And Its Attorney On Appeal

Cases: Discovery, Cases: Sanctions

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

Deadlines, Sanctions: $1,500 In Code Civ. Proc. § 2023.030 Sanctions Issued Against Nonparty, For Failure To Comply With A Deposition Subpoena For Production Of Business Records, Reversed On Appeal

Cases: Deadlines, Cases: Sanctions

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

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

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