City of El Monte v. Takei

Opinion

MUNOZ, J.

*

This is an appeal from the order of the Los Angeles Superior Court imposing sanctions of $750 on each appellant for failing to appear

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at a mandatory settlement conference as required by the Los Angeles Superior Court Civil Trials Manual, rule 11. We affirm the imposition of sanctions, but reverse for a hearing to determine the proper amount. Appellants, Bruggeman, Smith & Peckham (attorneys), and Mutual Protection Trust Cooperative of American Physicians, Inc. (carrier), are the attorneys and insurance carrier respectively for Dr. Toshihisa Takei who is a cross-defendant in a personal injury action.

The original action was filed by the plaintiff, William Jett, against the City of El Monte in October, 1979. On or about November, 1982, the City of El Monte was granted permission to file a cross-complaint against Dr. Takei and Intercommunity Medical Center, Inc. That complaint, which alleged Dr. Takei had engaged in medical malpractice, was filed on December 23, 1982.

On January 25, 1983, Intercommunity Medical Center, Inc., filed its answer and also filed a cross-complaint against El Monte. A mandatory settlement conference was set for February 8, 1983, but on that date it was continued until February 28, 1983. On February 28, 1983, the matter was continued on the request of attorneys so that they could become familiar with the case and be in a position to talk about possible settlement. A trial date of June 27, 1983, was set.

On May 31, 1983, attorneys appeared but notified the court they had told carrier not to be present because attorneys felt it would be a waste of time. Neither attorneys nor carrier notified opposing counsel of this fact, nor had attorneys requested permission from the court for carrier’s absence.

At that time, the court continued the mandatory settlement conference until the trial date and imposed the sanctions on attorneys and carrier.

California Rules of Court, rule 217, provides: “The failure of any person to prepare reasonably for, appear at, or participate in good faith in a pretrial, trial setting or settlement conference as required by these rules or by local rules or order of the court, unless good cause is shown for that failure, is an unlawful interference with the proceedings of the court; and in addition the court may order the person at fault to pay the opposing party’s reasonable expenses, and counsel fees, and may order an appropriate change in the calendar status of the action.”