California Court of Appeal

Trial court order imposing sanctions pursuant to Code of Civil Procedure sec. 177.5 for failing to obey a court order is reversed where: 1) the order that defendant's attorney not say the words prosecutorial misconduct was lawful; 2) the imposition of sanctions did not interfere with defendant's attorneys fulfillment of his duty as an attorney, as his claims did not fall under the advocacy exception to the power to sanction; and 3) the order imposing sanctions did not state the conduct or circumstances justifying the order as required by section 177.5. The case is remanded so the trial court can enter a proper sanctions order.

Appellate Information

• Decided 05/20/2009
• Published 05/20/2009

Judges

• JACKSON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael P. Judge, Public Defender, Albert J. Menaster and Mark Harvis, Deputy Public Defenders, for Objector and Appellant.


• For Appellees:
  
• Thomas M. Reeves, Long Beach City Prosecutor, for Plaintiff and Respondent.