20th Century Insurance v. Tak Hung Choong

[1276]

Opinion

JOHNSON, J.

In this case we hold an attorney-employer has standing to appeal a monetary sanction imposed on an attorney-employee. We also hold imposing a monetary sanction for not paying a previous monetary sanction was not an abuse of discretion.

Facts and Proceedings Below

At a mandatory settlement conference, the trial court imposed a sanction in the amount of $200 on plaintiff’s attorney, Richard Collins, for failure to prepare a mandatory settlement conference statement. (Super. Ct. L.A. County, Local Rules, rule 7.9(b)(6).) The court’s order provided the sanction would be set aside if the settlement conference statement was submitted by 4:30 p.m. that day. The settlement conference was continued to the following week. The minute order shows Collins was present when the sanction order was issued.

The continued settlement conference was called for hearing on the specified date with Collins again appearing for plaintiff. Collins conceded the $200 sanction had not been paid and told the court he did not know the sanction order was directed at him. The trial court rejected this excuse since Collins had been present when the sanction order was issued and the minute order clearly reflected it was imposed on Collins personally. The court then imposed an additional sanction of $250 on Collins for failing to pay the original sanction.

Ultimately the trial court dismissed the case, and a notice of appeal from the order of dismissal was filed by the plaintiff and Joel Drum, another attorney for plaintiff. The only issue briefed on appeal is whether the trial court abused its discretion in sanctioning Collins for not paying the original sanction.

Discussion

I.

An Attorney-employer Has Standing to Appeal from a Sanction Order Directed to an Attorney-employee.

As previously noted, the monetary sanctions in this case were imposed on Attorney Richard Collins, not on Attorney Joel Drum, the appellant. Although a sanction order against an attorney is appealable (see Code