Second District, Division Two Applies CCP section 904.1(a)(12) in Venue Transfer Dispute.
A.Z. Mashiah, Ltd. v. Christopher Ranch, LLC, Case No. B204185 (2d Dist., Div. 2 Mar. 23, 2009) (unpublished) reminds us all that only a sanctions order greater than $5,000 is immediately appealable under Code of Civil Procedure section 904.1(a)(12), one of the key appeal jurisdictional subdivisions.
There, defendant lost a venue transfer battle and his attorney was sanctioned $2,090 under Code of Civil Procedure section 396b(b), which authorizes a court to order fees against a venue loser (with the fees being the personal liability of the attorney as between attorney and losing client in such an instance). Defendant and his attorney appealed the adverse rulings.
Both lost. Defendant lost because a venue transfer order can only be reviewed through an appellate mandate petition. (Code Civ. Proc., sec. 400.) Attorney lost because the $2,090 sanctions order was not immediately appealable under section 904.1(a)(12), but could only be reviewed on appeal from any final judgment or by extraordinary writ petition. (Code Civ. Proc., sec. 904.1(b).) Thus, both appeals were dismissed.