California Appellate Tracker

Levine v. Berschneider (2020)

October 30, 2020

Lawyer’s appeal from a contempt citation is dismissed as contempt orders are not appealable; they may only be challenged by a writ petition. Lawyer’s appeal from a sanctions order over $5,000 is appealable, but the sanctions order is affirmed. A lawyer owes a court a duty of candor. Here, the lawyer filed a motion to enforce a settlement. He received the settlement payment in full 4 days before the hearing of his motion, but didn’t mention that fact at the hearing, after which the judge issued an order compelling (the already received) payment. The duty of candor required voluntary disclosure of the changed circumstances, whether or not the court inquired directly about it. The court had subject matter jurisdiction to award sanctions under CCP 128.5, and plaintiff waived any objection to notice and personal jurisdiction by filing am opposition on the merits without raising either of those objections.

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California Appellate Tracker

Levine v. Berschneider (2020)

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