CCP § 396b(b) Is The Venue “Sanctions” Statute, With Sanctions Properly Levied On Subsequent Attorney Other Than The One Originally Representing Client When Complaint Was Filed.
June 29, 1910. L.M. Glackens, artist. Library of Congress.
Code of Civil Procedure section 396b(b) does allow a trial judge discretion to award attorney’s fees against a client’s attorney, not the client, where a venue transfer motion is successful, especially if the attorney failed to stipulate to a transfer or demonstrated a lack of good faith in resisting the transfer.
In Megawine, Inc. v. Frank-Lin Distillers Products, Ltd., Case No. B266201 (2d Dist., Div. 4 Oct. 24, 2016) (unpublished), defendants obtained a venue transfer from Los Angeles to Santa Clara in a mixed “transitory” action after plaintiff’s subsequent attorney failed to stipulate to a transfer and fought the transfer by seeking to dismiss a party in order to prevent the transfer. The trial court did award venue “sanctions” against the subsequent plaintiff attorney to the tune of $7,700, even though $15,035 was requested.
Attorney’s appeal did not change things. The record demonstrated no abuse of discretion given the failure to stipulate and the attempt to prevent the transfer by dismissing another party—the attorney could have no good faith, reasonable belief in the correctness of his position. (Metzger v. Silverman, 62 Cal.App.3d Supp. 30, 38-39 (1976).) The appellate court also rejected the argument that venue “sanctions” only apply to the original attorney filing the complaint rather than the subsequent attorney prosecuting the action and resisting the venue request, finding nothing in section 396b(b) so limiting the award of venue “sanctions” as argued by subsequent attorney.
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