Misle and Klein v Ownzones Media, Los Angeles County Superior Court Case Number BC706021.
From the court of appeals opinion and Los Angeles online court information it is Lawzilla's understanding the following occurred:
Attorney Robert G. Klein represented the plaintiff in a breach of contract case. (Note: There are several California attorneys named Robert Klein, but we believe only one Robert G. Klein)
Klein also represented the plaintiff, and himself, in the appeal.
During the lawsuit the founder of attorney Klein's business client was having his deposition taken.
The deposition was in a law firm.
In the law firm's lobby was an armed security guard.
The deposition began in an inner conference room of the building.
As the deposition started Klein's client asked why the law firm had a security guard.
The response was there was no guard in the conference room where the deposition was taking place.
Attorney Robert Klein then said he had the right to terminate the deposition and to seek a protective order about the guard.
Robert Klein, Esq., and his client left the deposition and never returned. A couple hours later Mr. Klein sent an email saying he terminated the deposition because the guard was not removed from the lobby.
Attorney Klein never filed a motion for a protective order.
The other party then filed a motion to compel the deposition and for sanctions.
The judge reviewed the situation, including a deposition video of what transpired.
The judge then granted the motion to compel and sanctioned attorney Robert Klein and his client $11,000.
Klein then filed an appeal.
However, he did not have the sanctions hearing reported, or obtain a replacement statement of decision.
Klein also failed to provide the court of appeals with the video of the deposition.
The three justices of the court of appeals then unanimously ruled since Klein had not provided a sufficient record for them to evaluate the trial court's ruling, the appeal was lost and the sanctions award was affirmed.
If an attorney cannot even handle their own appeal how do you think they would do in your case?
This is one of the most bizarre cases we have read.
There was no explanation for why Robert Klein never filed a motion to remove the guard.
Since Klein did not provide an adequate record and automatically lost the appeal, there was no discussion on whether a law firm can have a security guard in their lobby.
Why not?
Other businesses do.
Do Klein and his client refuse to go into a bank? An airport? A government building?
Or - OMG - THE COURTHOUSE?
Heck, there may have been a guard in the courtroom - not just in the courthouse entrance!
Robert Klein was admitted to the California Bar in 1987. Bar Number 128550.
Law Office of Robert G. Klein
8383 Wilshire Boulevard
Beverly Hills, California 90211
Law School: University of West Los Angeles
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.