Plaintiff was injured in a fall in a supermarket. Defendant’s overtures toward settlement under Code of Civil Procedure section 998, as well as defendant’s demand for exchange of expert witnesses were ignored by plaintiff. Defendant moved in limine to preclude the use of experts by plaintiff, and plaintiff dismissed the action prior to a ruling. Defendant […]
Sanctions Reversed & Vince Lombardi Approach To Litigation Rejected.
This is the first paragraph of the opinion: “Sanctions are a judge’s last resort. At bottom, they are an admission of failure. When judges resort to sanctions, it means we have failed to adequately communicate to counsel what we believe the law requires, failed to impress counsel with the seriousness of our requirements, and failed even […]
Sanctions Properly Awarded Against Attorney Who Violated Order Precluding Him From Asking Certain Questions.
The court specifically instructed attorney Daniel Callahan not to inquire into a particular area. Callahan ignored the order and the court imposed $1,500 sanctions under Code of Civil Procedure section 177.5, for knowingly violating a court order. The Court of Appeal affirmed. If Callahan had not understood the court’s order, as he claimed, he should have […]
Law Firm Sanctioned For Frivolous Appeal.
The appellate court stated: “Attorney Defendants have misrepresented the record and ignored established case law without explanation or justification.” In its disposition, the appellate court further stated: “As sanctions for a frivolous appeal, Attorney Defendants shall pay Kendall the amount of $52,727.56. Attorney Defendants also are assessed $8,500 sanctions for bringing this frivolous appeal, payable to […]
Board Of Psychology Imposed Discipline On A Psychologist–So You’ll Need To Be Monitored Doctor.
When the Board of Psychology imposed discipline on a psychologist, the trial court denied the doctor’s writ petition. The psychologist acted as a special master in a family law proceeding in California and testified in a family law proceeding in Florida. In the California matter, he emailed one of the spouses “that he could not work […]
Sanctions Order Reversed After Grant Of Summary Judgment Affirmed.
Plaintiff, a corporation, propounded special interrogatories to defendant. Defendant did not provide answers because it contended plaintiff, as a suspended corporation, lacked the capacity to prosecute the action. The trial court agreed and awarded monetary sanctions to defendant. Subsequently, the trial court granted summary judgment in favor of defendant. The appellate court affirmed the grant […]
Attorney Fees May Be Properly Awarded Under CRC § 2.30.
A party failed to inform the court the case was automatically stayed due to a filing for bankruptcy. The trial court declared a mistrial, dismissed the jury, conducted a sanctions hearing and awarded $81,461.13 in sanctions. The appellate court affirmed in part and reversed in part, stating: “We conclude that [California Rules of Court, rule] […]
How Do You Spell C-I-V-I-L-I-T-Y?
One party asked for documents in March, 2007. The other party provided only objections to the discovery request. The court ordered production. A year and a half later, 30,600 documents were produced. Alas, entire categories of requested documents were withheld. Many meets & confers later, the requesting party moved to compel compliance with the court’s […]
Same Business, Different Name.
Investor provided $75,000 toward investment and was to receive 100 percent of the net cash receipts until his investment was recouped. Unbeknownst to him, the company formed another company doing the same kind of business under a different name. The court found the corporation could not escape liability by shifting assets and changing its name. […]
Unsettled Issue Provided Justification For Opposing A Motion; Sanctions Against Client And Lawyer Reversed.
A deponent’s wife was sued for allegedly causing severe personal injuries when she struck a woman on a bicycle while she was driving her car. In separate criminal proceedings, the deponent’s wife pled guilty to felony driving under the influence of prescription medications. At the deposition, the deponent was asked certain questions which raised a […]