Linda Marie Zambrano, and Jose E. Tafolla, Esq. Philip W. Orr, Esq., Claimants-Appellants v. City of Tustin David Kreyling

Attorneys Jose Tafolla and Philip Orr appeal sanctions levied against them for failure to comply with local rules requiring admission to the district court bar. We must decide whether, under the particular circumstances of the case before us, the district court overstepped the limits of its discretion in sanctioning appellants. Because we conclude that in this case it did, we vacate the order.

I. Factual Background

This appeal stems from a § 1983 action filed by Linda Zambrano against the City of Tustin, California. From the very beginning, the trial proved to be an undignified affair. On the first day, Orr, representing the plaintiff, appeared twenty minutes past the scheduled hearing time; Judge Richard A. Gadbois, Jr., the presiding judge at trial, fined him $150. Several minutes later, the Court severely chastised counsel for failing to rise when addressing the bench. The petty disputes not only marred the first day of trial, they also foreshadowed greater problems.

When Orr arrived punctually for trial the second day, Judge Gadbois announced that his investigation, conducted sua sponte, revealed that Orr was not a member of the Bar of the Central District and was therefore…