Thursday, August 18, 2022

Disentitlement & more

2/1 comes down on an appellant/lawyer, dismissing an appeal under the disentitlement doctrine here:

Here, [Appellant] has violated a host of court orders. The record demonstrates that he has evaded personal service so he could argue that he has not been personally served, refused to respond to post-judgment discovery requests, served defective and deficient responses mere days before hearings on motions to compel so that he could argue (unsuccessfully) that the motions were moot, refused to comply with court orders to appear in court, and has made no attempt to comply with court orders requiring payment of sanctions or reporting of sanctions to the State Bar of California. [] [Appellant] has demonstrated that he will not obey court orders with which he disagrees.

Also of note, yesterday the Supremes granted review here to address this longstanding appellate procedure issue: "Whether a petition for writ of mandate is the exclusive means of challenging an order approving or denying a good faith settlement under Code of Civil Procedure section 877.6."