Perez
Perez v. Backflip Software CA6
Opinion
Opinion
STATEMENT OF THE CASE
The initial complaint in this case was filed by Perez and two other former employees of Backflip on August 12, 2011, alleging breach of contract for failure to pay their salaries for 13 and a half months. Backflip filed a cross-complaint against Perez on
1 Backflip did not file a response brief in this appeal. October 28, 2011, alleging a number of causes of action against Perez including negligence and breach of fiduciary duty. During the course of litigation of this matter, both parties filed motions to compel discovery against each other. The court heard both motions on the same day, and denied Perez’ motion as moot, because Backflip had provided the requested discovery by the time of the hearing on the motion. The court granted Backflip’s motion to compel. As a result of the two motions to compel, the court ordered monetary sanctions against Perez, and his counsel in the amount of $5,350. The court ordered Backflip to pay $5,320 in sanctions.2 Perez filed a timely notice of appeal on June 15, 2012. Following the filing of his opening brief, Perez notified the court that the parties had settled the underlying case, and requested a dismissal of the appeal…