Laborers' International Union of North America, Local 89 v. El Dorado Landscape Co.

Attorney Donald A. Hon represents the plaintiffs Laborers’ International Union of North America, AFL-CIO, Local 89 et al., in this lawsuit against El Dorado Landscape Company et al. Appealing an order imposing sanctions, Hon challenges the constitutionality of the San Diego County “Fast Track” rules (Fast Track rules) enacted to implement the Trial Court Delay Reduction Act of 1986 (the Act). (Gov. Code, § 68600 et seq.)

Procedurally, Hon failed to timely file the required joint at-issue memorandum under Fast Track rule 10.7(a) or a certificate as to why one was not filed in this case pursuant to Fast Track rules 10.7(b)( 1)-10.7(b)(4). The trial court thus issued an order to show cause (OSC) under Fast Track rule 10.7(b)(5) which provided at that time: “Failure to timely file a joint at issue memorandum or a Certificate: At Issue Memorandum Not Filed will result in the issuance of an order to show cause why any party or counsel shall not be sanctioned for failure to do so.” At the scheduled OSC hearing, the court imposed $150 sanctions against Hon for failing to timely file the joint at-issue memorandum and directed Hon to file one within two weeks.

A week later, the…