Discovery, Judgment Enforcement: Peripheral Objector’s Unsuccessful Opposition to Motions To Compel Compliance To Judgment Enforcement Third Party Subpoenas Affirmed On Appeal

Sanctions Order Was Only $6,750, Although Losing Objector Is Now Liable For Substantially More In Appellate Fees.

            This next case, Vision en Analisis y Estrategia v. Erwin Legal, Case No. G059669 (4^th Dist., Div. 3 Feb. 17, 2022) (unpublished), demonstrates that sometimes a losing party/objector should take minor bumps rather than pursue an appeal which affirms the result and will result in imposition of likely more substantial appellate fees against the loser.

            The case involved plaintiffs’ efforts to obtain postjudgment asset information against losing defendants through third-party subpoenas, with appellant/objector being the secretary/CFO of one of the defendants.  Objector retained counsel who objected and then unsuccessfully opposed plaintiffs’ motion to compel after meet and confer efforts.  The lower court saw no reason not to compel the production, awarding sanctions of $6,750 (out of a requested $44,000) and objector and objector’s counsel under CCP §1987.2, relating to third-party discovery.

            The 4/3 DCA, in an opinion authored by Justice Goethals, affirmed.   Objector failed to show what privacy interest she had which was being infringed.  However, the potential bleeding did not stop at $6,750.  Plaintiffs were entitled to appellate fees and costs for winning the appeal, an amount us bloggers anticipate would be much more than the $6,750 at issue.  (Roe v. Halbig, 29 Cal.App.5^th 286, 313 (2018).)