$10,000 Sanction In Obtaining Extension Of Time To File Response To Appeal.

Respondent’s counsel asked for an extension of time to file a response.  Under penalty of perjury, he said he needed more time due to the many “complex issues raised.”  When the brief was filed, it contained “identical–and we mean word-for-word identical” assertions contained in another brief filed by the same counsel in 2009.  The appellate court gave notice it was considering issuing sanctions, and when the time came for a hearing on possible sanctions, not only did counsel not appear for argument, he sent another lawyer who was unaware that sanctions were even being considered.  A second notice was sent to counsel; this time, he was ordered to personally appear.  Noting “it is critical to both the bench and the bar that [the court] be able to rely on the honesty of counsel,” the appellate court sanctioned counsel $10,000 and sent a copy of the opinion to the State Bar.  Kim v. Westmoore Partners (Cal. App. Fourth Dist., Div. 3; November 29, 2011) 201 Cal.App.4th 267.