Defense Counsel Did A Wise Thing: Reduced $150,000 Prior Request Down To $35,000 In Its Reply Brief—Getting The Lower Ask In Toto.
Baptiste v. Ralph Grocery Co., Case No. D082554 (4th Dist., Div. 1 May 28, 2024) (unpublished) is a good example of prudent judgment exercised by defense counsel. The case involved a CCP § 128.7 sanctions request against plaintiff’s counsel for frivolous minimum wage hour claims which were dismissed without leave at the demurrer stage. Although originally asking for at least $150,000 in sanctions, defense counsel lowered the request to $35,000 for the direct demurrer work. The lower court liked it, awarding the $35,000 lowered “ask.” The appellate court liked it too, affirming the merits ruling and the amount of the sanctions.