Hershey
Hershey v. Geragos & Geragos CA2/2
Opinion
Opinion
Chavez, J.
DISCUSSION
I. The April 4, 2023 sanctions order is not an
appealable order Discovery sanctions exceeding $5,000 are appealable under section 904.1, subdivision (a)(11) and (12). (Rail-Transport Employees Assn. v. Union Pacific Motor Freight (1996) 46 Cal.App.4th 469, 475.) It is settled law that orders separately imposing sanctions cannot be aggregated to reach the $5,000 threshold that permits an immediate appeal. (Calhoun v. Vallejo City Unified School Dist. (1993) 20 Cal.App.4th 39, 45, disapproved on other grounds by K.J. v. Los Angeles Unified School Dist. (2020) 8 Cal.5th 875, 888, fn. 6.) “‘An attempt to appeal from a nonappealable order does not give this court jurisdiction or authority to review it.’ [Citation.] Consequently, it is the duty of the court to dismiss an appeal from an order that is not appealable.” (Doe v. United States Swimming, Inc. (2011) 200 Cal.App.4th 1424, 1432.)
3 The trial court imposed monetary sanctions on appellants’ counsel in three separate orders. The March 30, 2023 order imposed sanctions of $9,231.50, and the May 8, 2023 order imposed sanctions of $9,658.50. These orders are subject to appeal because they exceed the $5,000 threshold.…