4/3 DCA Choose Calhoun Over Dicta In Champion/L.B.S.
Boyd Jones doing his arithmetic lesson at the blackboard in the Alexander Community School in Greene County, Georgia. Nov. 1941. Jack Delano, photographer. Library of Congress.
In Stueve v. Berger Kahn, Case No. G052689 (4th Dist., Div. 3 Nov. 22, 2016) (unpublished), a plaintiff party was assessed three separate discovery sanctions totaling $7,335, but not exceeding the $5,000 appealability threshold for each individual sanctions order contained in Code of Civil Procedure section 904.1(a)(12) [sanctions exceeding $5,000 are appealable].)
Plaintiff’s appeal was dismissed for failure to satisfy the $5,000 appealability threshold.
In this regard, the 4/3 DCA panel agreed with the “non-aggregation” analysis of Calhoun v. Vallejo City Unified School Dist., 20 Cal.App.4th 39, 45 (1993), which rejected contrary dicta in Champion/L.B.S. Associates Development Co. v. E-Z Serve Petroleum Mktg., Inc., 15 Cal.App.4th 56, 59-60 (1993).
Acting Presiding Justice Moore authored the 3-0 opinion.