Tucker

In this proposed class action, plaintiffs allege defendant cell phone providers, Pacific Bell Mobile Services and Cingular Wireless LLC (collectively defendants) violated the unfair competition law (Bus. & Prof. Code, § 17200 et seq.) by selling “ ‘bucket plans’ ” without informing consumers how the length of each telephone call would be calculated.

In early 2009, defendants deposed plaintiff Julia Knapp. During the deposition, plaintiffs’ counsel, J. David Franklin, wrote on a legal pad and showed it to Knapp. Franklin also instructed Knapp not to answer questions related to her standing to bring the action and refused to permit defense counsel to question Knapp about the notes on the legal pad. After the deposition, Franklin threw away the notes. Defendants moved for sanctions against plaintiffs and Franklin.

The trial court granted the motion in part and imposed monetary sanctions in the amount of $7,500 pursuant to Code of Civil Procedure section 2023.030. The court determined Franklin had coached Knapp on the “very critical issue [of] standing” and therefore abused the discovery process during the deposition. The court’s order stated: “Defendants’ motion is granted…