Petrik v Mahaffey, Orange County Superior Court Case Number 05CC10571.
From the appellate court's decision it is Lawzilla's understanding the following occurred:
Attorney Doug Mahaffey and his law firm Mahaffey & Associates, PLC, which the court of appeals collectively referred to as simply "Mahaffey", were ordered by a trial court to pay $35,000 in sanctions to an opposing law firm.
About 8 years later Mahaffey made a motion seeking an order that the judgment had been legally paid in full.
The court denied the motion.
Mahaffey then filed an appeal. A unanimous court concluded Mahaffey's arguments "lack merit" and affirmed the trial court's ruling.
The court of appeals then described the situation leading to the sanctions.
Doug Mahaffey represented the Petriks in a construction case.
Mahaffey settled the case, but his clients objected. The trial court ruled the settlement was valid.
The Petriks then sued Mahaffey for malpractice and Mahaffey counter-sued.
Discovery disputes arose during the litigation. The court of appeals decision refers to claims that:
- There was a recommendation by a referee that Mahaffey by sanctioned due to "Mahaffey’s 'course of conduct.'"
- A claim about "Mahaffey's 'failure to comply with discovery obligations'"
- It was claimed Mahaffey "displayed a brazen disregard for the discovery process."
- "evidentiary sanctions were imposed on. . . Mahaffey due to the willful failure to comply with a [c]ourt [o]rder"
The trial court then made two orders.
First, the judge ordered Mahaffey to pay the Petrick's $6963 to allocate fees paid for the referee.
Second, the judge ordered Mahaffey to pay $35,000 to the opposing law firm as a sanction for Mahaffey's failing to comply with a prior order.
8 years later the opposing law firm sought to hold Mahaffey in contempt for not paying the sanctions.
Mahaffey claimed the sanctions had been paid.
The trial court reviewed the situation.
The court held because Mahaffey was late making payments on the sanctions, and interest had accrued, he still owed $7375.10.
Mahaffey made a motion seeking:
- Refund of the $35,000 plus interest
- $191,000 in damages
- Compelling acknowledgment the $35,000 sanction award was satisfied
Mahaffey lost the motion and all of its requests.
Doug Mahaffey then filed an appeal and claimed various errors by the trial court.
After reviewing the matter a unanimous court of appeals concluded Mahaffey's arguments "lack merit" and affirmed the trial court's order.
Angus Petroleum v Mahaffey, Orange County Superior Court Case Number 30-2017-00918217.
From the appellate court's decision it is Lawzilla's understanding the following occurred:
Attorney Doug Mahaffey for his law firm Mahaffey & Associates, PLC previously sued a former client, Angus, demanding that Angus allow him to represent another party adverse to Angus.
At the time the court of appeal called Mahaffey's decision to pursue a "completely meritless lawsuit" was a "surpassingly bad idea".
Mahaffey then decided to sue Angus for owed fees.
He lost.
Mahaffey was then "ordered to pay Angus attorney fees and costs of $5,390,765."
Doug Mahaffey then filed an appeal.
The court of appeals ruled "this appeal is just as meritless as Mahaffey's last one".
Wow - case #1 sanctions.
$35,000 is one of the largest sanctions Lawzilla has seen.
The amount of the sanctions speaks for itself.
It can be interesting to read what a court of appeals decides to include in an opinion. Here, we took note of reference to claims apparently leading up to the sanctions that attorney Doug Mahaffey and/or his law firm were not complying to the letter of a court order, exhibited a "brazen disregard" for discovery, and had a "course of conduct" worth mentioning.
The ultimate question is whether one should hire Doug Mahaffey, Esq., as an attorney.
Each can draw their own opinion from this case, but in our opinion we do not like to read a decision saying an attorney disregarded discovery and had not timely complied with a court order.
Perhaps more disconcerting, in our opinion, is what the decision implicitly says about attorney Mahaffey's legal acumen.
He lost what should be a simple monetary accounting of whether the sanctions were paid.
He certainly had chutzpah in making a motion that the sanctions had been paid - and at the same time demanding a refund of the sanctions, plus interest, plus $191,000 in damages.
Or maybe the chutzpah was a lack of legal ability because he lost the requests first at the trial court and then in a unanimous court of appeals decision.
We would want an attorney who knows the law and is able to follow the law.
Double wow - case #2 court of appeals comments about Mahaffey's lack of good judgment, repeatedly making meritless claims, and $5,390,765 award.
Our opinion from reading the case - why is Mahaffey still an attorney?
Doug Mahaffey was admitted to the California Bar in 1986. Bar Number 125980.
Mahaffey Law Group, PC
20162 SW Birch Street Suite 300
Newport Beach, California 92660
Law School: Pepperdine University
Note: Doug Mahaffey apparently has two similarly named law corporations at the same address.
His state bar record refers to a professional corporation Mahaffey Law Group. The Petrik lawsuit refers to a different corporation Mahaffey and Associates.
Both corporations are legally active according to the California Secretary of 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 someone by putting a lien on their bank account, home, wages, etc.