Nationwide v Fish Los Angeles County Superior Court Case Number 19STCV27898.


From the Los Angeles court online case records it is Lawzilla's understanding the following occurred:

Attorney Jim Vititoe represented the respondent in an uninsured auto accident case.

The other party served a request to produce documents for Vititoe's client to produce and written questions to be answered.

No response was made. The judge said that waived any objections attorney Vititoe could make for his client.

The case docket from the court indicates no opposition to the motion was made by Vititoe's law firm.

The judge said sanctions could be awarded even if no opposition was filed and even if the discovery responses were provided after the motion was filed.

After reviewing the situation the judge in a tentative order said $815 in sanctions were appropriate against attorney Jim Vititoe and his client.




The judge said they were engaged in "discovery abuse".

When it came time for the court hearing neither Jim Vititoe or the other attorney appeared to argue the motion.

The judge then said since no opposition to the motion was made, the tentative ruling would become the court's final order.

This is a short order by the judge but interesting.

Although the judge is "the judge", we are not sure we agree with the order of attorney sanctions.

The discovery was served to Vititoe's client.

The California Rules of Court say sanctions can be awarded for failing to respond to discovery, but that failure seems to belong to attorney Vititoe's client.

The attorney is not responding to discovery unless they have objections to make.

On the other hand, the other attorney decided the situation warranted a sanctions motion against Mr. Vititoe.

No opposition to being personally sanctioned was made by the attorney.

And the judge said attorney sanctions are appropriate.

So there may be more happening than what is mentioned in the judge's order.

Additionally, by not opposing the motion it seems to us Jim Vititoe forfeited the opportunity to request the sanctions not be enforced as a judgment.

As it stands, it appears the other party could lien Vititoe's property, and his client's property, seek sale of property to pay the sanctions, levy bank accounts, and so on.

We do not know what was being said between Vititoe and his client, but when looking for an attorney you may want someone who more aggressively looks out for your interests.

Jim Vititoe was admitted to the California Bar in 1977. Bar Number 75164.

Vititoe Law Group
5707 Corsa Avenue Floor 2
Westlake Village, California 91362

Law School: Southwestern University

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.