L.A. Local Rule, Based on CCP § 575.2(a), Authorizes Sanctions For Violation of Local Rules.
If you are ordered to appear in a mediation, do it (obviously)! However, an attorney must make sure that he/she has a client representative with settlement authority when representing a corporate or public entity client present or on stand by for the mediation (or at least obtain permission to have the person attend telephonically if the person cannot personally attend). If not, you and your client could be sanctioned under applicable local superior court rules. And, the sanctions order will likely stick on appeal.
An attorney and his clients in Ellerbee v. County of Los Angeles, Case No. B216848 (2d Dist., Div. 1 Aug. 27, 2010) (unpublished) were sanctioned jointly and severally in the amount of $6,194 for defendants’ failure to have someone with settlement authority participate in a court-ordered mediation. The defendants were public entities, and the sanctions were awarded to plaintiff’s attorney to cover the costs he incurred in preparing for and attending the mediation.
Losing defendants appealed the sanctions award.
No go, on appeal.
L.A. Superior Court Local Rule 12.15 and CRC 3.894(a) require the attendance of a client representative with settlement authority on stand-by basis during the course of a mediation. In turn, Code of Civil Procedure section 575.2(a) authorizes sanctions for violation of local rules if the local rules authorize such a penalty. L.A. Local Rule 7.13 did just that, permitting the trial judge to impose sanctions for failure to comply with local rules, not to mention CRC 2.30(b) authorizing sanctions against a party and/or its attorney “for failure without good cause to comply with the applicable rules.
Thomas Worth, artist. 1883. Library of Congress.
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