Kibrej v. Fisher, 148 Cal. App. 3d 1113 (Cal. Ct. App. 1983). · Go Syfert
Kibrej v. Fisher, 148 Cal. App. 3d 1113 (Cal. Ct. App. 1983). Cases Citing This Book View Copy Cite
31 citation events (2 in the last 25 years) across 1 distinct court.
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Townsend v. Superior Court
Cal. Ct. App. · 1998 · confidence medium
(For some examples of heated exchanges that have taken place at depositions, see Rosenthal v. State Bar (1987) 43 Cal.3d 612, 629-630 [ 238 Cal.Rptr. 377 , 738 P.2d 723 ] [petitioner was evasive and hostile at his deposition]; Sabado v. Moraga (1987) 189 Cal.App.3d 1, 4-7 [ 234 Cal.Rptr. 249 ] [counsel advised a witness, who he did not represent, to refuse to be sworn as a witness]; Kibrej v. Fisher (1983) 148 Cal.App.3d 1113, 1114 [ 196 Cal.Rptr. 454 ] [counsel for deponent repeatedly objected to the use of an interpreter].) Like Hotspur on the field of battle, counsel can become blinded by t…
discussed Cited as authority (rule) Barton v. Ahmanson Developments, Inc.
Cal. Ct. App. · 1993 · confidence medium
(Lund v. Superior Court (1964) 61 Cal.2d 698, 709 [ 39 Cal.Rptr. 891 , 394 P.2d 707 ]; Kibrej v. Fisher (1983) 148 Cal.App.3d 1113, 1115-1116 [ 196 Cal.Rptr. 454 ]; Slemaker v. Woolley (1989) 207 Cal.App.3d 1377, 1380 [ 255 Cal.Rptr. 532 ]; Rao v. Campo, supra, 233 Cal.App.3d at pp. 1565-1566; Imuta v. Nakano (1991) *1361 233 Cal.App.3d 1570,1581 [ 285 Cal.Rptr. 681 ].) 1 Several reasons have been suggested.
discussed Cited as authority (rule) Ghanooni v. Super Shuttle
Cal. Ct. App. · 1992 · confidence medium
(Lund v. Superior Court (1964) 61 Cal.2d 698, 709 [ 39 Cal.Rptr. 891 , 394 P.2d 707 ]; Slemaker v. Woolley, supra, 207 *384 Cal.App.3d at p. 1382.) 5 Instead, these sanctions are reviewable on appeal from the final judgment in the case (§ 906; Kibrej v. Fisher (1983) 148 Cal.App.3d 1113, 1115 [ 196 Cal.Rptr. 454 ]; Slemaker v. Woolley, supra, 207 Cal.App.3d at pp. 1381-1382), or by petition for an extraordinary writ (Lund v. Superior Court, supra, 61 Cal.2d at pp. 709-710).
discussed Cited as authority (rule) Rao v. Campo
Cal. Ct. App. · 1991 · confidence medium
"The theory behind the rule is that piecemeal disposition and multiple appeals in a single action are oppressive and costly, and review of intermediate rulings should await the final disposition of the case. [Citation.]" ( Kibrej v. Fisher (1983) 148 Cal. App.3d 1113, 1115 [ 196 Cal. Rptr. 454 ].) The Collateral Order Doctrine Exception to the One Final Judgment Rule (6) "A recognized exception to [the one final judgment] rule is the `collateral order doctrine,' which permits an appeal from a final determination of a collateral matter which requires a party to immediately pay money or perform …
discussed Cited as authority (rule) Tad Imuta v. Takaaki Nakano
Cal. Ct. App. · 1991 · confidence medium
(Kibrej v. Fisher (1983) 148 Cal.App.3d 1113, 1115 [ 196 Cal.Rptr. 454 ].) “The theory behind the rule is that piecemeal disposition and multiple appeals in a single action are oppressive and costly, and review of intermediate rulings should await the final disposition of the case. [Citation.]” (Ibid.) However, case law has developed an exception to this rule, the so-called “collateral order doctrine.” “When a court renders an interlocutory order collateral to the main issue, dispositive of the rights of the parties in relation to the collateral matter, and directing payment of money…
discussed Cited as authority (rule) Rao v. Campo
Cal. Ct. App. · 1991 · confidence medium
“The theory behind the rule is that piecemeal disposition and multiple appeals in a single action are oppressive and costly, and review of intermediate rulings should await the final disposition of the case. [Citation.]” (Kibrej v. Fisher (1983) 148 Cal.App.3d 1113, 1115 [ 196 Cal.Rptr. 454 ].) The Collateral Order Doctrine Exception to the One Final Judgment Rule “A recognized exception to [the one final judgment] rule is the ‘collateral order doctrine,’ which permits an appeal from a final determination of a collateral matter which requires a party to immediately pay money or perfo…
discussed Cited as authority (rule) Kohan v. Cohan
Cal. Ct. App. · 1991 · confidence medium
(Slemaker v. Woolley (1989) 207 Cal.App.3d 1377, 1381-1382 [ 255 Cal.Rptr. 532 ]; Kibrej v. Fisher (1983) 148 Cal.App.3d 1113, 1115-1116 [ 196 Cal.Rptr. 454 ]; accord, Midwife v. Bernal (1988) 203 Cal.App.3d 57, 62 [ 249 Cal.Rptr. 708 ].) Defendants have sought review of the order by petition for writ of mandate; this court denied the petition.
discussed Cited as authority (rule) Poe v. Diamond
Cal. Ct. App. · 1987 · confidence medium
(Sjoberg v. Hastorf (1948) 33 Cal.2d 116, 119 [ 199 P.2d 668 ]; Kibrej v. Fisher (1983) 148 Cal.App.3d 1113, 1115 [ 196 Cal.Rptr. 454 ].) While the doctrine has been applied to make appealable orders imposing sanctions for an attorney’s misconduct at trial (Bauquess v. Paine (1978) 22 Cal.3d 626 , 634 fn. 3 [ 150 Cal.Rptr. 461 , 586 P.2d 942 ]) and for *1398 a party’s failure to attend a mandatory settlement conference (Wisniewski v. Clary (1975) 46 Cal.App.3d 499, 502 [ 120 Cal.Rptr. 176 ]), it has been held not to apply to orders imposing sanctions for refusal to make discovery, such ord…
discussed Cited as authority (rule) Johnson v. Tago, Inc.
Cal. Ct. App. · 1986 · confidence medium
(Trimble v. Steinfeldt (1986) 178 Cal.App.3d 646, 650 [ 224 Cal.Rptr. 195 ]; Kibrej v. Fisher (1983) 148 Cal.App.3d 1113, 1115 [ 196 Cal.Rptr. 454 ]; 9 Witkin, op. cit. supra, Appeal, § 45, p. 69.) At various intervals in the litigation Tago’s attorneys saw fit to file no fewer than four notices of appeal, the last being a blunderbuss “Amended and Supplemental Notice of Appeal” by which Tago purports to appeal “from each oral and written order entered ... in these proceedings.” This encompasses a myriad of rulings and decisions, almost all of which are not appealable.
Retrieving the full opinion text from the archive…
HARTYOUN KIBREJ, Plaintiff and Appellant,
v.
KATHERINE ANN FISHER, Defendant and Respondent
Civ. 68211.
California Court of Appeal.
Nov 17, 1983.
148 Cal. App. 3d 1113
COUNSEL Leon Kirakosian for Plaintiff and Appellant. Collins Collins and Harold Q. Longenecker for Defendant and Respondent.
Lillie.
Cited by 15 opinions  |  Published

Opinion

LILLIE, J.

This is an appeal from an order issued by the superior court and entered in the minutes on March 8, 1982, levying attorneys fees and costs against plaintiff in the total amount of $957.50 for failure to attend or participate in his deposition.

Plaintiff filed an action to recover for personal injuries and property damage suffered in an automobile accident with defendant. The action is still pending. Plaintiff is of Syrian-Armenian descent, and his inability to comprehend and speak English necessitated the use of an interpreter during his deposition by defendant. Defendant provided an American interpreter certified by the Los Angeles County Superior Court. During the course of the deposition, plaintiff’s counsel made objections to the use of the interpreter, claiming he was not qualified to interpret the detailed explanations which were part of the deposition. The deposition was terminated after almost four hours because of these objections, and defendant filed, inter alia, a motion for payment of attorneys fees, based on this termination of deposition and on plaintiff’s prior failure to attend depositions. After a hear[*1115] ing on the motion, the trial court ruled: “Defendant’s expenses in the sum of $475.50 are allowed payable in 60 days. Attorneys fees are granted defendant’s attorneys in the sum of $500.00 to be taxed as costs in the event that defendant prevails at the trial or deducted from plaintiff’s judgment if plaintiff prevails.” It is from this minute order that plaintiff appeals.

Appellant contends that (1) the trial court erred in finding his termination of the deposition to be without substantial justification; (2) the court abused its discretion in awarding expenses and attorneys fees, and (3) the court abused its discretion by arbitrary determination of its order, However, we do not reach these contentions because an order levying sanctions for failure to make discovery is a nonappealable order.

A fundamental principle of appellate review is the rule that an appeal may be taken only from a final judgment in an action. This rule is codified in section 904.1 of the Code of Civil Procedure. The theory behind the rule is that piecemeal disposition and multiple appeals in a single action are oppressive and costly, and review of intermediate rulings should await the final disposition of the case. (6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 36, p. 4050.) A recognized exception to this rule is the “collateral order doctrine,” which permits an appeal from a final determination of a collateral matter which requires a party to immediately pay money or perform some other act. This doctrine was utilized in Wisniewski v. Clary (1975) 46 Cal.App.3d 499, 502 [120 Cal.Rptr. 176], to allow an appeal from an order requiring payment of money as a sanction for failure to attend a mandatory settlement conference. Wisniewski was cited by the California Supreme Court in Baugess v. Paine (1978) 22 Cal.3d 626, 634, footnote 3 [150 Cal.Rptr. 461, 586 P.2d 942], in which an order imposing sanctions for attorney misconduct was held appealable as a final order on a collateral matter directing the payment of money.

However, the Supreme Court expressed a different view as to the appeal-ability of orders levying sanctions for failure to make discovery. In deciding that an extraordinary writ was a proper remedy to review such an order, the court stated: “The better view is that an order made for the purposes of furthering discovery proceedings, or granting sanctions for refusal to make discovery, is not appealable [citations].” (Lund v. Superior Court (1964) 61 Cal.2d 698, 709 [39 Cal.Rptr. 891, 394 P.2d 707].) Although the court did not find it necessary to decide the question of the order’s appealability, their “better view” was followed in Munson v. Singer (1965) 238 Cal.App.2d 697 [48 Cal.Rptr. 167], where an appeal was dismissed expressly because an order imposing sanctions for failure to appear at depositions was not appealable on its own. An appeal from a minute order imposing sanctions for refusal to answer questions during depositions was[*1116] dismissed on the same basis in Freidberg v. Freidberg (1970) 9 Cal.App.3d 754, 764 [88 Cal.Rptr. 451].

The appealable orders imposing sanctions in the Baugess and Wisniewski cases, supra, are distinguished from the nonappealable discovery-related sanctions which follow the Lund view, supra, 61 Cal.2d 698, in the more recent case of People ex rel. Gow v. Mitchell Brothers’ Santa Ana Theater (1981) 114 Cal.App.3d 923, 937, footnote 15 [171 Cal.Rptr. 85] (revd. and remanded on other grounds (1981) 454 U.S. 90 [70 L.Ed.2d 262, 102 S.Ct. 172]). Thus, the order levying sanctions for noncompliance with discovery orders was nonappealable on its own, but was properly before that court for review since the final judgment in the case had been entered.

The purported appeal before us also seeks review of an order imposing sanctions for refusal to make discovery. Plaintiff had but did not take the opportunity to seek review of the order by timely petition for extraordinary writ. However, he may seek review after final judgment has been entered in the cause.

The appeal is dismissed.

Spencer, P. J., and Hanson (Thaxton), J., concurred.