Wednesday, November 21, 2012

BCS Appeals Sanctions

2009-10 Attorney's Fees

Wow- a new land speed record.  With the ink barely dry on the discovery order, BCS has already filed an appeal.  Specifically, BCS is appealing the sanctions that Judge Lucas awarded to LASD to cover the costs we had to incur while forcing BCS to comply with the discovery process.  The BCS attorney telegraphed that he expected to appeal this during the Oct 30 hearing, so I can't say I'm surprised-- but I will say that I remain disappointed. 

The sanctions were awarded because the Judge ruled that BCS had no reasonable basis to fight our discovery request.  Indeed, during the "meet and confer" process, LASD had significantly narrowed the scope of what we were requesting, in an effort to make our request as innocuous as possible while still providing us with the information we needed for our defense.  Apparently BCS feels that allowing LASD to defend itself in court is unreasonable, so they've asked the Appellate Court to weigh in.  As I have grown accustomed to saying, I look forward to the judicial review of this matter.

Here is the BCS Notice of Appeal of Sanctions