Winikow

Winikow v. Superior Court

Good Law
2000 Cal. App. LEXIS 596·2000 Daily Journal DAR 8313·82 Cal. App. 4th 719·98 Cal. Rptr. 2d 413·2000 Cal. Daily Op. Serv. 6292
Court of Appeal of CaliforniaJuly 27, 2000No. B138616California2,716 words

Opinion

Lead Opinion

Hastings, J.

We granted an alternative writ to review a sanction order of $150 issued against counsel for failing to “properly” serve notice of a status conference hearing on a named but not yet appearing defendant. We conclude that the trial court abused its discretion in imposing the sanctions and we grant a writ of mandate.

Statement of Facts

Petitioner is attorney Jeffrey K. Winikow, counsel of record for plaintiff Kathleen Schroeder. On September 3, 1999, petitioner filed a complaint alleging wrongful termination on behalf of Ms. Schroeder and against Haight, Brown, & Bonesteel, LLP (Haight, Brown) and Does 1 through 10. The complaint alleged that a claim ha,d been filed with the California Department of Fair Employment and Housing but that plaintiff had not yet received her “Right to Sue notice. Accordingly, at this time Plaintiff alleges only claims brought under California common law, and will amend the Complaint to allege statutory violations of the Fair Employment and Housing Act [FEHA] once all administrative remedies have been exhausted.”

On October 7, 1999, respondent served upon petitioner a “Notice of Status Conference” scheduled for hearing on December 3, 1999. The…

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