Lim

Lim v. Silverton

Good Law
61 Cal. App. 4th 1
Court of Appeal of CaliforniaAugust 21, 1997BV21450California892 words

Opinion

Opinion

In this case the trial court imposed sanctions of $250 against appellant for failing to timely file a questionnaire in advance of the trial setting conference. Appellant filed a motion for reconsideration of the order imposing sanctions, which was heard and denied as untimely. Appellant then filed a notice of appeal purporting to appeal from the order imposing sanctions and from the order denying her motion for reconsideration. The record does not reflect that a judgment was entered.

(1) Appellant argues the order imposing sanctions is directly appealable as "`a final order on a collateral matter directing the payment of money,'" relying on I.J. Weinrot & Son, Inc. v. Jackson (1985) 40 Cal.3d 327, 331 [ 220 Cal. Rptr. 103 , 708 P.2d 682 ] and O'Brien v. Cseh (1983) 148 Cal. App.3d 957, 960 [ 196 Cal. Rptr. 409 ]. However, Code of Civil Procedure [1] section 904.1 was amended effective 1990 to change the rule that all monetary sanction orders are appealable. In 1989, the Legislature added subdivision (k), which established a $750 appealability threshold. (See Calhoun v. Vallejo City Unified School Dist. (1993) 20 Cal. App.4th 39, 43-44 [ 24 Cal. Rptr.2d 337 ].)…

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