Peter Gwon v. State Farm Mutual Automobile Insurance Company

Summary: Attorney Brian Toppila represented the claimant. Respondent State Farm served discovery to which Toppila responded with only objections.

State Farm filed motions to compel, after which Toppila's client provided discovery responses. State Farm sought $7000 in sanctions against Brian Toppila and his client but the judge awarded $976.95.

State Farm asked that attorney Toppila be ordered to read the court's civility rules. The judge declined and noted the tenor of both attorneys was less than exemplary.



From the Judge:

Attorney Brian Toppila represents the claimant against State Farm.

State Farm served requests for documents and written questions to attorney Toppila's client. The questions were form interrogatories.

In response to the form questions Toppila's office served objections.

For example, the judge said one question was Can you read and write English with ease? Instead of answering yes or no, Brian Toppila objected the queston was "overly broad and remote," "calls for information which is available to all parties equally," and that this information "is personal and private."

State Farm ultimately filed a motion to compel.

The judge noted State Farm's attorney asked for an order that Brian Toppila, Esq., be required to read the Los Angeles guidelines for civility in a lawsuit.

The judge then found that sanctions were warranted since Toppila made "unjustified" objections to the questions and responses to the discovery were not timely made until after a motion to compel was filed.

The judge referred to this being a misuse of discovery.

Attorney Toppila then aired a number of grievances against State Farm's attorneuy.

The court finally said the tenor and conduct of all counsel was less than exemplary.

However, only attorney Brian Toppila was then sanctioned by the court. He and his client were sanctioned $976.95. State Farm sought $7000 in sanctions, to which the judge said the request was "excessive".



Lawzilla Commentary:

This order from the judge is noteworthy for a couple reasons.

First, that an attorney would make such a blizzard of objections to questions such as can you speak English? It is Lawzilla's understanding that "Form Interrogatories" are pre-prepared questions by the California Judicial Council for use in lawsuits, and that they are generally not controversial or objectionable. At least not questions like can you speak English.

Second, that State Farm's attorney asked for an order requiring attorney Brian Toppila be ordered to read the court's "Guidelines for Civility in Litigation." From our review of court orders we believe this is an extraordinary request. Ultimately, the judge said the "tenor" of both attorneys was "less than exemplary", and declined to impose additional sanctions against either attorney for violating court civility rules.

Would you hire Brian Toppila to be your attorney?

Although this is only one order, we have concerns given the strong language from the judge. The example the judge gave about meritless objections to all discovery, including questions like can you speak English - seems to us to invite antagonizing the other attorney, creating motions to compel, and increasing the litigation fees for all parties - without providing any apparent benefit to the client.

In this case Toppila's client now also has a sanctions order against him.

Again, it is just one order, but it shocked us and we would want better from our attorney.

On the other hand, Mr. Toppila did avoid $7000 in sanctions and that is a good result.

Brian Toppila was admitted to the California Bar in 1992. Bar Number 159269.

3600 Wilshire Boulevard Suite 1108
Los Angeles, California 90010

Law School: Florida State

Sanctions are Recoverable as a Judgment - Analysis of the little known fact that sanctions awarded in a lawsuit can be enforced as their own separate judgment. Surprise an attorney by putting a lien on their bank account, home, cases, etc.