Pacific Trends Lamp & Lighting Products, Inc. v. J. White, Inc.

Pacific Trends Lamp and Lighting Products, Inc. (Pacific) sought damages for the contents of two shipping containers stolen from a storage yard. Pacific sued two companies involved in shipping the containers, alleging it never authorized delivery to the storage yard and contending defendants remained responsible as common carriers until actual delivery of the containers to Pacific’s premises, which never occurred. The trial court found Pacific had directed delivery to the storage yard, and concluded defendants’ obligations as common carriers ceased when the containers reached that destination. Pacific appeals the judgment in favor of each defendant, and its attorney appeals the court’s imposition of sanctions against him. We find no error in the judgment and it is therefore affirmed.

However, the sanction order, which is based upon failure to comply with Superior Court of Orange County Rules, former rule 504, is reversed. Rule 504, which requires the parties to meet and confer and report back to the court on their efforts prior to hearing on most motions, is inconsistent with the statutory right to pursue new trial motions. Moreover, rule 504’s provision for sanctions…