Legal Question in Business Law in California

Re: Sanctions againts a attorney

If he was your attorney, and your otherwise valid case was dismissed because of his conduct, then you have grounds for a malpractice case, and for a motion to set aside the dismissal. Don't delay. Feel free to contact me if serious about getting legal help in trying to put this back on track.

Re: Sanctions againts a attorney

It depends on how the case was was dismissed and which attorney owes the sanctions. I can think of a situation where the sanctions could be enforced by post-judgment motion, but it would only be in a very specific factual situation. Most likely, the sanctions order is not enforceable after dismissal, and arrest is highly unlikely.

Here is a factual situation that could result in arrest:

Plaintiff's counsel was sanctioned for discovery abuse. Plaintiff dismisses the case. Defendant files a cost memorandum which Plaintiff does not move to tax. Defendant files and serves two orders for examination of debtor on both Plaintiff and counsel. Neither Plaintiff nor counsel appears at the OEX. Defendant asks for a bench warrant. The judge issues a bench warrant, and the Plaintiff's counsel is then stopped by the police on an unrelated traffic issue, and the police run the driver's license and discover the warrant for arrest. The police would then take the attorney into custody until he pays the sanctions, or appears before the judge.