Can a discovery sanction against an attorney who still represents the party be appealed?

California, United States of America


The following excerpt is from Barton v. Ahmanson Developments, Inc., 17 Cal.App.4th 1358, 22 Cal.Rptr.2d 56 (Cal. App. 1993):

[17 Cal.App.4th 1362] This issue was anticipated by dictum in Slemaker v. Woolley, supra, 207 Cal.App.3d at pp. 1381, 1382, 255 Cal.Rptr. 532. There the court held that a discovery sanction order against an attorney who still represented the party in the underlying suit could not be appealed. The court cautioned that a different result could well be justified if the order involved a party's former attorney. We agree and conclude that in the limited circumstances of this case appellant can appeal the discovery sanction.

Other Questions


Is a party who is represented by their own attorney entitled to the same procedural consideration as a plaintiff who is not represented by an attorney? (California, United States of America)
What is the test for imposing a sanction including an order requiring an attorney for one party to pay attorney fees for an opposing party? (California, United States of America)
Can an attorney or party who files a frivolous motion to disqualify or harass an opponent to delay litigation be sanctioned by paying the attorney fees and costs incurred by the opposing party? (California, United States of America)
Does the Attorney General have any legal basis for the discovery sanction or discovery sanction aspect of the Court's ruling? (California, United States of America)
Can a Court of Appeal impose sanctions on a party or an attorney for 'fraudulently filing a frivolous motion'? (California, United States of America)
Is an order made pursuant to section 128.5 awarding sanctions against an attorney for the party can be appealed? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
In what circumstances will the employment appeals board be represented by the attorney representing the sheriff's department? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.