Sabado

Real Party in Interest William Schuckman appeals an order imposing $1,275 in sanctions against him pursuant to Code of Civil Procedure section 128.5 for his actions at the deposition of a witness he did not represent. We reverse the judgment (order).

Facts and Procedural Background

The State of California filed a suit for civil penalties and an injunction against Larry Sabado and Bob Regpala, dba Martini’s Bait Shop, for alleged violations of the Business and Professions Code and the Fish and Game Code. Sabado and Regpala cross-complained in their individual capacities against the State of California, Department of Fish and Game, and two Fish and Game wardens alleging civil rights violations ( 42 U.S.C. § 1983 ). Real party in interest William Schuckman is counsel for Regpala in the civil rights action.

Deputy Attorney General Harold Eisenberg, representing the State of California, prepared a notice of taking deposition of cross-complainant Regpala and request for production of documents. The deposition was twice rescheduled at Attorney Schuckman’s request. On the day the deposition was finally taken, Regpala failed to bring a number of the requested documents. After…