Tuesday, January 22, 2019

Sanctions dodged by apology

Image result for neverending story"This is the fifth appeal in this seemingly unending dispute ...." so begins the case here. in which 4/3 issued a sua sponte OSC re sanctions. The fact sections starts out: "Where to begin this never ending story?"
As for sanctions, "the record in this case, designated by [Appellant], was voluminous – over 15,000 pages of clerk’s transcript, plus another 1,400 pages of reporter’s transcript, which comprised over 60 volumes total." Much of this was "obviously unnecessary." Appellant and her counsel, however, admitted their "grievous error" and apologized to the Court of Appeal and to respondent. The court thus exercised its discretion not to impose sanctions. But Appellant and her counsel were warned that the court would not be "so benevolent" about future rules violations.

For an example of how Jameson v. Desta (2018) 5 Cal.5th 594, is playing out, see here:
"Because there is no way to now provide a reporter for a trial that has already occurred, we have no choice but to reverse and remand for a new trial at which an official court reporter will be furnished."
[MetNews story here]