Sanctions: $35,000 Sanctions Order Against Plaintiff’s Counsel Affirmed After Lower Court Dismissed Frivolous Minimum Wage Hour Claims

Defense Counsel Did A Wise Thing:  Reduced $150,000 Prior Request Down To $35,000 In Its Reply Brief—Getting The Lower Ask In Toto.

               Baptiste v. Ralph Grocery Co., Case No. D082554 (4^th Dist., Div. 1 May 28, 2024) (unpublished) is a good example of prudent judgment exercised by defense counsel.  The case involved a CCP § 128.7 sanctions request against plaintiff’s counsel for frivolous minimum wage hour claims which were dismissed without leave at the demurrer stage.  Although originally asking for at least $150,000 in sanctions, defense counsel lowered the request to $35,000 for the direct demurrer work.  The lower court liked it, awarding the $35,000 lowered “ask.”  The appellate court liked it too, affirming the merits ruling and the amount of the sanctions.