Levine v. Berschneider

Filed 10/29/20 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

KIM LEVINE et al., 2d Civil No. B300824 (Super. Ct. No. 17CV03278) Plaintiffs, (Santa Barbara County)

v.

JANET BERSCHNEIDER,

Defendant and Respondent;

JOHN B. RICHARDS, Objector and Appellant.

John B. Richards, an attorney, purports to appeal from the trial court’s order finding him in contempt. He also appeals from the order to “pay monetary sanctions in the amount of $5,310.00 for his lack of candor [with the trial court about the fact that] settlement funds had been paid.” He contends the trial court lacked both personal and subject matter jurisdiction to impose sanctions against him. We dismiss the attempt to appeal from the contempt finding and affirm the sanctions order.

Facts Appellant represented tenants in litigation against their landlord, respondent Janet Berschneider. Harry Safarian represented respondent. The lawsuit settled. Because one of the plaintiffs was a minor, the settlement required approval from the trial court. On April 17, 2019, the trial court approved the minor’s compromise. On May 22, 2019, appellant filed an ex parte application to shorten time on a motion to enforce the settlement agreement. He contended respondent and her counsel were taking too long to pay the plaintiffs the amounts agreed to in their settlement. The trial court set the matter for hearing on June 7, 2019. On June 3, 2019, appellant received checks from Safarian’s office, paying the settlement in full. Appellant nevertheless appeared at the June 7 hearing. He told the trial court, “I haven’t received word from opposing counsel [Safarian]. I don’t know – has there been any communication with the Court?” The court said there had not been. Appellant confirmed that he served opposing counsel by email with the motion to enforce the settlement agreement. The trial court granted the motion. Its order found Safarian “in contempt for willfully failing to comply with [the] April 17, 2019 order,” and ordered respondent “to immediately disburse” the settlement funds. The trial court also ordered Safarian to pay monetary sanctions of $4,630.30 to the plaintiffs within 10 days. At no time during the brief June 7 hearing did appellant inform the trial court that the settlement had already been paid in full. Three days later, respondent filed an ex parte application for relief from the June 7 order pursuant to Code of Civil