Rail-Transport Employees v. Un. Pac Motor Freight

[Opinion certified for partial publication. [1] ]

OPINION

HANING J.

Plaintiffs Rail-Transport Employees Association (RTEA) et al, [2] and their out-of-state attorney Richard E. Schwartz appeal a March 3, 1995, order imposing $29,161.06 in discovery sanctions against them in favor of defendants and respondents Union Pacific Motor Freight (UPMF) et al. [3] (Code Civ. Proc., [4] §§ 2023 & 2025), and a February 17, 1995, order denying Schwartz's application for pro hac vice status. [5] Appellants contend the imposition of sanctions was unreasonable and an "unconstitutional penalty," and that denial of the pro hac vice application constituted an abuse of discretion. We affirm.

This appeal arises from discovery proceedings in a wrongful termination action. Sanctions were imposed as follows: $5,800 solely against Schwartz; $2,270 solely against RTEA; and $21,091.06 jointly and severally against RTEA and Schwartz.

(1a) The issue is whether discovery sanctions exceeding $5,000 are appealable under section 904.1, [6] subdivision(a)(11) and (12), amended effective January 1, 1994. (Stats. 1993, ch. 456, § 12.)

Section 904.1(a) provides, in relevant part: "An appeal may be taken from a…