California Appellate Tracker

Deck v. Developers Inv. Co., Inc., No. G061287, 2023 Cal. App. LEXIS 220 (Ct. App. Mar. 24, 2023)

April 10, 2023

Under CCP 904.1(a)(12), a monetary sanctions award of $5,000 or more is immediately appealable. However, an order for an issue sanction on a discovery motion is not immediately appealable. Even when the order awards both monetary and issue sanctions, the issue sanctions portion of the order is not appealable unless the two sanctions are intimately intertwined. (See Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262.) Here, the two sanctions were not since the appeal raised different arguments against the two different types of sanctions. So the appeal was dismissed insofar as it attacked the issue sanction. The monetary sanction was upheld since there was ample evidence that the defendant did not act with substantial justification or other circumstances would make monetary sanctions unjust.appealab

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California Appellate Tracker

Deck v. Developers Inv. Co., Inc., No. G061287, 2023 Cal. App. LEXIS 220 (Ct. App. Mar. 24, 2023)

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