W&W Wins Appeal in Published Opinion

22-Jun-2018

The Firm is proud to announce that it just won complete reversal for its client in the California Court of Appeal, on a novel issue of first impression in California courts. The Court of Appeal noted that it was “not aware of any other case that has considered the procedural rules a court must apply in imposing sanctions under [California Code of Civil Procedure] section 1008, subdivision (d).” This case did so, and set forth the rules that must be followed prior to imposing sanctions under Code of Civil Procedure Section 1008(d).

Presiding Justice Frances Rothschild, writing for the Court, agreed with the Firm’s argument: “May a trial court sanction a party for violating section 1008 without allowing the party the benefit of a 21-day safe harbor to withdraw the offending motion, as is required by section 128.7, subdivision (c)? Our answer to that question is no.” The Court’s thoughtful and succinct opinion resolved an open question in California law, and will provide guidance to litigants and Courts across the state on this issue.

The Firm is especially proud of the fact that it won this case for a client that it was representing free of charge.

"We are very proud of Rich Walton, who argued the case, as well as Masai McDougall and Joe Navran, who assisted on the brief,” says Jim DeBardelaben, chair of the Firm’s Litigation and Appellate Practice Groups. “This important wins highlights two of our core values: delivering outstanding results for our clients, and doing so for those who could not otherwise afford legal representation."