George Nicolais & Associates, Inc. v. Acquvest, Inc.

MEMORANDUM *

Paul Koch, Victoria Koch, Acquvest, Inc., and Patricia Manolis (collectively, the “Defendants”) appeal a final amended judgment of the district court awarding $268,505.61 to George Nicolais and Associates, Inc. (“GNA”). The amended judg *520 ment consolidates the district court’s final judgment and its grant of attorneys’ fees to GNA, both of which the Defendants also timely appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. Sanctions Award

The monetary sanctions imposed against Paul Koch have not been appealed. The evidentiary sanctions, imposed against all of the Defendants including Paul Koch, deemed the following facts established:

We agree with District Judge Carney that the imposition of evidentiary sanctions against the other Defendants, who did not violate any court orders, was clear error. However, although the district court judge to whom the case was later transferred abused his discretion in reinstating these sanctions, cf. Adriana Int’l Corp. v. Thoeren, 913 F.2d 1406, 1414 (9th Cir.1990), the error was harmless. See Fed.R.Civ.P. 61; Ticor Title Ins. Co. v. Florida, 937 F.2d 447, 451 (9th Cir.1991); Ford v. Alfaro, 785 F.2d…