Dalessandro v Mitchell Los Angeles County Superior Court Case Number BS138171.


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

Attorney Paul Samuel Levine is the attorney for the plaintiff. He is also the attorney filing this appeal, and handling other appeals in the case.




Levine's client Dalessandro acquired a $52,000 judgment and then was able to add Albert Mitchell as an additional debtor owing the amount.

Attorney Levine then made a request seeking costs and about $20,000 for attorney fees in connection with the amended judgment.

The defendant filed a motion for sanctions arguing the attorney fee request was frivolous as it lacked a legal or factual basis.

The judge agreed with defendant and ordered attorney Paul Levine and his client to pay $4399 in sanctions.





Paul Levine, Esq., then filed a motion asking the judge to reconsider the order.

The defendant again sought sanctions for filing a frivolous motion.

The judge again agreed with defendant and imposed another $4875 in sanctions.




Although the court of appeal was not clear about whether attorney Paul Levine was sanctioned in addition to his client, a judgment in the court file reflects Levine was sanctioned.




Levine then filed an appeal for his client.

The appeal was dismissed because it was not timely filed.




An attempt was then made to collect the original judgment against Mitchell.

Levine sent a request for defendant to produce documents. There was no response and Paul Levine then filed a motion to compel.

The judge denied Levine's motion, and then sanctioned attorney Levine $3456.70 because:

- There was no postage on the request to produce documents so it was not properly served.

- The proof of service was "false".

- "Levine's declaration in support of the motion to compel was false."

After reviewing the situation a unanimous court of appeal affirmed the propriety of sanctions against attorney Paul Levine.

Attorney Paul S. Levine has been disciplined twice by the California State Bar.

First, Levine was privately reproved for failing to return unearned fees to three clients, for failing to promptly return a client file, for not acting with legal competence, and failing to communicate with a client.




For two clients Levine did not return unearned fees for nine months. For the third client he kept unearned fees for a year.




In the second matter Levine was suspended from the practice of law for two years, with the suspension stayed for all but sixty days, and he was placed on probation for the remainder of time.




The California State Bar found Paul Levine willfully violated two rules of professional conduct.

He represented both parties to a contract without informing them of the potential risks and problems with dual representation.

Then, when a conflict did arise between the parties and their interests became adverse, Levine failed to withdraw as legal counsel.

To be blunt: what is described by the court of appeals is, in our opinion, terrible lawyering. Maybe there are more positive aspects in the case not mentioned by the court.

Paul Levine was sanctioned for filing a frivolous request for legal fees.

Then he compounded the error by making a frivolous motion to reconsider the first frivolous request, and he was sanctioned again.

When he tried to collect on a judgment the judge said his office failed to affix postage to the request so it was invalid.

The court also said the proof of service and Levine's declaration were "false".

Levine filed appeals from the orders.

The first appeal was dismissed because it was filed too late.

He then lost the second appeal and the justices affirmed the award of sanctions against him.

The State Bar also reports via Levine's disciplinary records that he has a prior record of failing to act competently.

This is a lot to consider if you are looking to hire Paul S. Levine as your attorney.

We don't know what, if anything, Levine is charging his client. We wonder if his client has been better off due to his legal representation? We do know Levine is down over $12,000 in sanctions.

Paul Levine was admitted to the California Bar in 1982. Bar Number 102787.

Law Office of Paul S. Levine
1054 Superba Avenue
Venice, California 90291

Law School: University of Southern California

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.