Baer

INTRODUCTION

Code of Civil Procedure sections 2023.030, subdivision (a) (section 2023.030(a)) and 2031.320, subdivision (b) (section 2031.320(b)) 1 authorize the imposition of monetary sanctions, which include attorney’s fees, against a litigant who has misused the discovery process or unsuccessfully made or opposed a motion to compel compliance with an inspection demand. This appeal presents the issue whether sections 2023.030(a) and 2031.320(b) authorize an award of appellate attorney’s fees that were incurred in connection with successfully defending an appeal from an order imposing monetary sanctions. We hold that sections 2023.030(a) and 2031.320(b) in this situation serve as fee shifting statutes and authorize a trial court to award a successful respondent attorney’s fees incurred on appeal. In this case, the trial court imposed $10,475 in monetary sanctions against David H. Tedder and his counsel, Robert K. Kent, pursuant to sections 2023.030(a) and 2031.320(b) for misuse of the discovery process and unsuccessfully opposing a motion by Dan W. Baer to compel further

1 Further code references are to the Code of Civil Procedure

unless otherwise cited.

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