Legal Opinion

Barrientos v. City of Los Angeles

California Court of Appeal

Decided November 16, 1994No. B075973PublishedCited by 7 opinions

1Opinion of the Court

Opinion

VOGEL (C. S.), J.

Introduction

This appeal contests the trial court’s order imposing a $1,500 sanction on each party’s attorney in a civil liability action. After examining the entire record, we find that the court’s order violated due process because counsel were neither notified of the court’s intent to impose sanctions nor given an opportunity to respond before the court imposed the sanctions. Additionally, we conclude that the court imposed the sanctions for an improper purpose—to punish counsel for failing to settle the case—thereby rendering its order an abuse of discretion. We…

2Cases cited6 opinions

  1. Wisniewski v. ClaryCalifornia Court of Appeal · 1975
  2. Caldwell v. Samuels JewelersCalifornia Court of Appeal · 1990
  3. Lesser v. Huntington Harbor Corp.California Court of Appeal · 1985
  4. Sigala v. Anaheim City School DistrictCalifornia Court of Appeal · 1993
  5. Mezzetti v. Superior Court of Lake Cty.California Court of Appeal · 1979

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3Cited by7 opinions

  1. Conservatorship of BecerraCalifornia Court of Appeal · 2009
  2. Eby v. ChaskinCalifornia Court of Appeal · 1996
  3. Elnekave v. via Dolce Homeowners Ass'nCalifornia Court of Appeal · 2006
  4. Kwan Software Engineering, Inc. v. HenningsCalifornia Court of Appeal · 2020
  5. Liu v. Trask CA2/7California Court of Appeal · 2016

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