Huschke

Huschke v. Slater

Good Law
168 Cal. App. 4th 1153·2008 Cal. App. LEXIS 2372·86 Cal. Rptr. 3d 187
Court of Appeal of CaliforniaDecember 2, 2008A117114California3,851 words

Opinion

Opinion

Appellant has moved to dismiss this appeal on the ground that the dispute between the parties was resolved by a settlement agreement. We shall grant the unopposed request.

The remaining issue is whether counsel’s lengthy delay in notifying the court of the settlement, in violation of rule 8.244 of the California Rules of Court, warrants imposition of monetary sanctions. The rules of court authorize the imposition of sanctions on a party or an attorney not only for the filing of a frivolous appeal or motion or for including in the record matters not reasonably material to the appeal, but also for “[c]ommitting any other unreasonable violation of these rules.” (Cal. Rules of Court, rule 8.276(a)(l)-(4).) We shall impose monetary sanctions payable to the court on appellant’s counsel because, as we explain, his violation of rule 8.244 is not just unsatisfactorily explained and unreasonable but also injurious to the court, other appellate parties, and the taxpayers.

L

This appeal is from a December 14, 2006 order of the Lake County Superior Court directing appellant to pay a discovery sanction of $6,382. Appellant’s counsel, Andrew Dimitriou, filed appellant’s opening brief…

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