Sanctions: $5,310 Sanctions Order Against Attorney Under CCP § 128.5 And CCP § 1209 (Contempt) Affirmed On Appeal

Message From This One Is Be Candid With The Court—Do Not Tell Half-Truths!

            In Levine v. Berschneider (Richards), Case No. B300824 (2d Dist., Div. 6 Oct. 29, 2020) (published), an attorney was sanctioned $5,310 under CCP § 128.5 (bad faith tactics) and § 1209 (contempt) for playing coy on whether settlement checks had been received in a hearing before the lower court.  The sanctions order was affirmed, with the appellate court reiterating two key principles to guide all attorneys, especially litigators:  (1) attorneys have a duty of candor to the court; and (2) the duty of candor encompasses a duty to inform the court about important subsequent events so that “half-truths” are not made to the court. The 2/6 DCA also emphasized that a misrepresentation of material facts is subject to sanction under section 128.5, citing Young v. Rosenthal (1989) 212 Cal.App.3d 96, 128.)