Litigation Abuse and Terminating, Issue, Evidentiary Sanctions
Fixing Bad Litigation Behavior
We specialize in terminating, evidentiary, issue and monetary sanctions for litigation misconduct. Makovoz Law is one of few firms to have won on Terminating Sanctions, Evidentiary Sanctions, Issue and Monetary Sanctions, including a $12+ million judgment. We've recovered some of the highest monetary sanctions awards too. If you have ever been involved in litigation, you may have witnessed abuses committed by your opponent and/or their counsel and wondered how can this be allowed? Especially in the context of discovery, it may be impossible to get a straight answer or a document or a frank admission. On the flip side, the tactics the opposing side might use to get discovery/documents from you or via your deposition, may shock the conscience and even border on theft. It may seem like nothing can be done about such litigation abuses, as filing motion after motion to compel proves to have little consequence. There are solutions for such litigation abuses.
See our article on Terminating Sanctions Here.
What does Terminating Sanctions Mean?
Makovoz Law is one of the few firms to have prevailed in having Terminating Sanctions granted for litigation abuses. Terminating sanctions means the Court grants a Motion to end a case early without trial due to misconduct by a party or their counsel, including during the discovery process or outside of it. Misconduct can seem like a normal part of the litigation system with firms and parties using the discovery process to harass, abuse, hide or tamper with evidence. Violations of court orders compelling discovery can make the process even more frustrating. Abuses outside of discovery also happen with opponents gaining access to documents, files, computers, or even email accounts they should never have touched/seen. Such improper tactics undermine the right to a fair trial. However, a Motion for Terminating Sanctions, including under the Court's "inherent" powers, can cause the Court to render a judgment by default against the party abusing the litigation process, so the case is over without any trial. The Motion saves time and money, but also may be the closest thing to actual justice when nothing else has been.
What are Evidentiary or Issue Sanctions?
Our firm has also prevailed on having evidentiary and issue sanctions awarded, as well as with jury instructions. A Motion requesting an evidentiary or issue sanction can be filed as an alternative or along with a terminating sanction request, whereas all of such motions/relief stem from the opposing side or their counsel engaging in the misuse of the discovery process or other wrongful conduct undermining the right to a fair trial. An evidentiary sanction can keep the other side from introducing evidence on specific matters because, for example, they failed to produce documents or hid the evidence for too long or falsified it. An issue sanction can be requested, whereby the Court determines an entire issue of law in your favor [such as who breached a contract], leaving only other issues, sometimes only the amount of damages, to be tried.
What Are Monetary Sanctions?
Makovoz law has successfully secured numerous monetary sanctions awards for our clients far above what other firms typically recover. Litigation disputes often lead to minor monetary sanctions in the form of $1500-$2500. Our attorneys consistently obtain dramatically higher monetary sanctions awards than our peers, including one order of $33,000+ for discovery violations (affirmed on appeal), other orders of $15,000+, $14500, $7000, $6800 etc., Monetary sanctions add up over the life of a case, with Makovoz Law having been awarded $60,000+ in sanctions over the course of one case alone.
What are Grounds for Terminating Sanctions in California?
The Grounds for Terminating sanctions include statutes like Code Civ. Proc., § 2023.030 etc., and/or the Court's Inherent Authority, as exemplified by the key case of Slesinger, Inc. v. Walt Disney Co. (2007) 155 Cal.App.4th 736. In Slesinger the Plaintiff's investigator trespassed onto defendant's properties and took documents purportedly from garbage cans or unlocked offices. The documents were handed over to plaintiffs who claimed to be unaware of the investigator's conduct. Plaintiffs also altered some of the documents to conceal information. The trial court imposed a terminating sanction and the Court of Appeal affirmed, holding that plaintiff's actions were “deliberate and egregious,” and any lesser sanction would have been “inadequate to ensure a fair trial.
Terminating sanctions are not ordered lightly, but are justified where a violation is willful, preceded by a history of abuse, and there is evidence that less severe sanctions would not produce compliance with the discovery rules or the right to a fair trial.
Our firm is one of the few to have had terminating sanctions entered by the court for abuses, including improper access to email accounts, and handled evidentiary hearings on such terminating sanctions. The area is complex and we have the unique expertise to help you navigate it.
Please contact us to arrange a complimentary consultation (818) 827-7137
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