Last June, Schorr Law obtained terminating sanctions against a plaintiff who had sued Schorr Law’s client based on various landlord tenant matters relating to habitability and other real estate related issues. After a number of discovery abuses, we obtained terminating sanctions against the Plaintiff. Nearly six months later,Plaintiff’s counsel filed a motion for relief from terminating sanctions under Code of Civil Procedure section 473(b) – based on an attorney affidavit of fault.
Even though terminating sanctions are rare, Schorr Law has obtained against at least 4 different parties in the past few years. After a terminating sanctions order – which enters a defendant’s default or strike’s a complaint, the opposing attorney typically comes forward to fall on their sword with a motion for relief from the terminating sanctions order via Code of Civil Procedure section 473(b). Each time, Schorr Law has successfully defeated these motions and kept the terminating sanctions award in tact. This happened again just over a week ago.
Anyway, there is authority for denying 473(b) relief from terminating sanctions after repeated discovery abuses. The relief is not mandatory in those situations.
For more information, contact us at Schorr Law, APC, firstname.lastname@example.org, 310-954-1877.