Barrientos
Barrientos v. City of Los Angeles
Opinion
Opinion
Vogel, J.
Introduction
This appeal contests the trial court’s order imposing a $1,500 sanction on each party’s attorney in a civil liability action. After examining the entire record, we find that the court’s order violated due process because counsel were neither notified of the court’s intent to impose sanctions nor given an opportunity to respond before the court imposed the sanctions. Additionally, we conclude that the court imposed the sanctions for an improper purpose—to punish counsel for failing to settle the case—thereby rendering its order an abuse of discretion. We therefore reverse and direct refund of the moneys paid, plus interest.
Statement of Facts
Backgromd Information
The underlying lawsuit is a personal injury action brought by Thelma Barrientos (Barrientos) against the City of Los Angeles (City) alleging police misconduct. Barrientos was represented by Steven B. Stevens (Stevens); City was represented by Assistant City Attorney Honey Lewis (Lewis).
Following a January 1993 status conference, the trial court (Judge Eric E. Younger) set the final status conference for April 1. Its order stated that the final status conference was also a mandatory settlement…