Heaven on Earth Society for Animals v. The Rascal and Chloe Rescue CA2/4

INTRODUCTION

This appeal arises from a dispute between two animal rescue organizations. Plaintiff and respondent Heaven on Earth Society for Animals (Heaven) sued defendant The Rascal & Chloe Rescue, Inc. (Rascal), regarding a purported contract for the care of cats. Attorney Mark Brifman and his law firm, Brifman Law Corporation (Brifman Corp., and together with Mark Brifman, as Brifman), represented Rascal in the litigation. Brifman now appeals a multitude of discovery sanctions orders issued by the trial court, claiming the court had no basis to impose monetary sanctions against him rather than his client. Heaven moved to dismiss the appeal as interlocutory, arguing that none of the appealed orders exceeded the statutory threshold of $5,000 under Code of Civil Procedure section 904.1, subdivision (a)(12).1 We conclude that none of the orders at issue is appealable. We therefore dismiss the appeal.

FACTUAL AND PROCEDURAL HISTORY

We relate herein only the background information necessary to resolve the appealability issues presented. Heaven filed the underlying complaint against Rascal in November 2012. Brifman appeals from the following discovery orders, all of which he…