The California 4th District Court of Appeal reported the following activity in the suit brought by
Russell Smith against
Hunt & Henriques, Inc. on Jan. 11: 'Letter Sent To Counsel Re: The Purpose Of This Letter Is To Provide The Parties An Opportunity To Address At Oral Argument Three Issues That Have Not Been Raised In The Briefs. The Notice Of Appeal Was Filed In Smith's Name Alone. (2ct384.) This Court Is Inclined To Construe The Notice Of Appeal To Include The Sanctioned Attorneys. (k.j. V. Los Angeles Unified School District (2020) 8 Cal.5th 875, 885.) However, Because Smith's Rights Are Not Affected By The Sanctions Order, The Court Is Prepared To Dismiss The Appeal From The Sanctions Order As To Smith Only. (mccluskey V. Henry (2020) 56 Cal.app.5th 1197, 1201, Fn. 2. (mccluskey).) The Court Is Also Inclined To Change The Caption To Include The Sanctioned Attorneys As "objectors And Appellants." (id. At P. 1197.) An Order Denying Sanctions Is Not An Appealable Order, And Is Not Cognizable In An Appeal From An Order Granting Sanctions In The Same Case. (mcclusky, Supra, 56 Cal.app.5th At P. 1201, Fn. 2.) Accordingly, The Court Is Inclined To Dismiss Smith's Appeal To The Extent It Is Taken From The Order Denying Smith's Motion For Sanctions. The Parties May Address These Issues At Oral Argument; However, Absent A Prior Showing Of Good Cause And Leave Of This Court, No Supplemental Briefs On These Points Should Be Filed.'.
Case number D076278 was filed in the California 4th District Court of Appeal on July 12, 2019.
