Calhoun

Calhoun v. Vallejo City Unified School District

Caution
1993 Cal. App. LEXIS 1141·20 Cal. App. 4th 39·24 Cal. Rptr. 2d 337·93 Daily Journal DAR 14469·93 Cal. Daily Op. Serv. 8472
Court of Appeal of CaliforniaNovember 15, 1993A061839California2,098 words

Opinion

Opinion

King, J.

I. Introduction

In this case we hold that multiple monetary sanctions may not be aggregated to meet the $750 threshold for appealability established by Code of Civil Procedure section 904.1, subdivision (k). George Calhoun purports to appeal from an order denying his motion for change of venue and imposing monetary sanctions on his attorney. We dismiss the appeal.

II. Background

George Calhoun filed suit in Solano County Superior Court against the Vallejo City Unified School District and Public Employees’ Union, Local One, for wrongful termination. He subsequently moved to change venue to San Francisco. The defendants opposed the motion and requested monetary sanctions. The school district sought the sanctions under Code of Civil Procedure sections 128.5 (sanctions for bad faith actions or tactics) and 396b, subdivision (b) (sanctions for making or resisting venue motion); the union did so only under section 396b. In an order filed on May 5, 1993, the court denied the venue motion and ordered plaintiff’s counsel, Michael Calhoun, to pay $525 to each of the two defendants.

Michael Calhoun filed a notice of appeal stating that “George Calhoun, plaintiff, appeals . . .…

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