Ballard

Ballard v. Taylor

Good Law

1993 Cal. App. LEXIS 1255·20 Cal. App. 4th 1736·25 Cal. Rptr. 2d 384·93 Daily Journal DAR 16020·93 Cal. Daily Op. Serv. 9338

Court of Appeal of CaliforniaDecember 16, 1993A061786California1,257 words

Opinion

King, J.

I. Introduction

In this case we hold that: (1) orders imposing monetary discovery sanctions are not made appealable by subdivision (k) of Code of Civil Procedure section 904.1, and (2) even if they were, the order challenged in this case could not be appealed because the amount of the sanction did not exceed the statutory appealability threshold of $750. Thomas O. Ballard purports to appeal from an order imposing discovery sanctions of $714. We dismiss the appeal.

II. Background

This purported appeal arises from discovery proceedings in a pending landlord-tenant dispute. Tenant Edwin Taylor moved to compel production of documents by landlord Thomas O. Ballard. Taylor also requested discovery sanctions in the amount of $714 ($700 for four hours of attorney time at $175 per hour plus $14 in filing fees). (Code Civ. Proc., § 2023, subd. (b)(1).) A court commissioner granted the motion and ordered Ballard and his attorney to pay $714 to Taylor’s attorney. Ballard filed a notice of appeal specifying the order for payment of sanctions.

III. Discussion

Review of this order imposing monetary sanctions is governed by subdivision (k) of Code of Civil Procedure section 904.1,…

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