Various Challenges, Including Fee Substantiation Challenges, Rejected On Appeal.
In Malinowski v. Martin, Case No. A167576 (1st Dist., Div. 3 Dec. 4, 2025) (unpublished), the appellate court affirmed a $25,000 discovery sanctions award in favor of ex-husband, who predominantly won by having not to respond to about 90% of ex-wife’s discovery requests. Her principal challenges on appeal were disposed of as follows: (1) ex-husband was not “unsuccessful” for purposes of discovery sanctions given the narrowing of responses he was ordered to make in the discovery orders; (2) the trial court awarded a small portion of the total sanctions requested by ex-husband; (3) detailed billing records were not required to support discovery sanction requests; (4) one counsel’s failure to file a supporting declaration on fees expended was not prejudicial because the trial court could make a fee determination based on its view of the case; and (5) ex-wife’s inability to pay argument was forfeited because the argument had not been raised below.