HYUN PARK VS SHAUN COYLE

Summary: Attorney Christopher Weston represented the plaintiff. Defendant filed a motion to compel discovery. The motion was not opposed.

Before the hearing the judge issued a tentative ruling sanctioning Christopher Weston $720. The day before the hearing defendant withdrew the motion. The judge went ahead and issued a final ruling adopting the tentative ruling.



From the Judge:

Attorney Chris Weston represents the plaintiff in this case.

The defendant served discovery for attorney Weston's client to answer. This included a request to produce documents and written questions to answer.

The client had about thirty days to respond, and Weston had the same time to prepare objections to the discovery - or else objections were waived.

No responses or objections were forthcoming from Weston's law office. Defendant then filed motions to compel and requested sanctions.

No opposition was filed by attorney Christopher Weston.

The judge reviewed the situation and in the tentative ruling ordered Weston's client to answer all discovery within twenty days, without objection.

The judge then said the court intended to order Christoper Weston and his client to pay $720 in sanctions within thirty days.



From the Court File:

The judge posted a tentative ruling about the intent to grant the motion and sanction Weston.

After the tentative ruling was posted, and the day before the hearing, defendant's attorney filed a notice with the court stating the motion was being taken off calendar.

Judge Takasugi in Department 94 held the hearing as noticed. No one appeared. The judge said;

The court's tentative ruling is posted online and in open court for parties to review.

The matter is called for hearing.

There are no appearances by or for either party this date.

The court adopts its tentative ruling as the final order of the court ....

Lawzilla Commentary:

Were sanctions issued or not?

This is what we think probably happened:

- The judge said the motions were going to be granted and sanctions awarded.

- The attorneys resolved the dispute and part of the resolution called for taking the motion off calendar. We are speculating the resolution included, at a minimum, Weston's client answering the discovery without objection. It is possible a monetary payment was agreed to be paid - perhaps the tentatively ordered sanctions amount.

- The defense attorney's notice of taking the motion off calendar was either too late for the court to notice, or word did not reach the judge.

- Although the judge made a final order awarding sanctions, since the motion was taken off calendar there was no motion and no order to make. Attorney Christopher Weston and his client were not sanctioned.

Would you hire Christopher Weston to be your attorney?

Based on the judge's tentative ruling and what we can gleam from the court file, there is good and bad.

The bad is obviously a judge reviewing a situation and saying, in any setting or type of order, that an attorney deserves to be sanctioned.

The good is that Mr. Weston was able to get the other attorney to take the motion of calendar, which - despite the judge going ahead with the hearing - should avoid there being a final sanctions order against himself and his client.

We don't know if this was a last minute resolution, or if the defense attorney was slow taking the motion off calendar. It appears no one appeared in court to let the judge know the motion was canceled.

Attorney Chris Weston has been disciplined three times by the California State Bar.

The first time Mr. Weston was disciplined when he misrepresented that he was a sole practioner (he wasn't), and then he claimed his employer stole money from a settlement that was supposed to pay other attorneys for a case. In our opinion the complete factual recitation by the State Bar is so stupid it is unbelievable that actually happened.

The second round of discipline for attorney Weston involved a suspension and probation for a whopping ten incidents of misconduct. Again, in our view the recitation of facts by the bar is just mind-boggling that so many incidents of misconduct would occur: Christoper Weston falsely advertised that someone was a lawyer and let them handle cases. He lied to a client about the payment of medical bills. He ignored four deposition notices in another case. He did not tell a client they had been scheduled for a medical examination. He lost a client file. He failed to tell a client a motion for summary judgment had been filed against her.

The third discipline event involved Weston hiring a non-attorney (again) to handle legal matters while Weston "performed no services".

Christopher Weston was admitted to the California Bar in 1995. Bar Number 174808.

4311 Wilshire Boulevard Suite 615
Los Angeles, California 90010

Law School: Loyola Law School