MIKE ROSEN V. XIAO YAN CHEN, San Mateo County Superior Court Case Number 16-CIV-02987.

Summary:

Attorney Bradley Kass from the Kass and Kass Law Offices represented the defendant. Plaintiff served requests for the production of documents and to inspect property at-issue in the lawsuit.

Mr. Kass responded with objections to virtually all of the requests. The judge said the attorney had to provide facts establishing any documents were privileged. The judge ruled "all other objections lack merit." The judge then sanctioned Bradley Kass, his law firm, and his client $4090.



From the Judge and Court File:

Attorney Bradley Kass represents the defendant in this matter.




This is a fraudulent transfer of property case. From our review of the file it appears about two months before a $872,304 judgment was obtained against James Li, his attorney and the attorney for his ex-wife signed off on an agreement to transfer three of his properties to her. Several months later he declared bankruptcy. Days after his filing deeds documenting the transfer of his properties were recorded.

Plaintiff claims the defendant represented by Mr. Kass, James Li's former wife, was required to hold the properties so they could be used to pay the almost million dollar judgment against her former husband.

Plaintiff served a request for documents and also sought to inspect the properties so they could be valued.

In response Kass imposed objections for his client to virtually all the document requests and to the inspection request.

The attorney for plaintiff then filed a motion to compel. In his motion plaintiff asserted attorney Bradley Kass first objected documents could not be provided because discovery was not complete:




But then plaintiff's attorney noted Bradley Kass imposed an objection that documents were privileged. Plaintiff argued this implied that there were in fact documents, and attorney Kass had reviewed them and determined they were privileged - and this was inconsistent with the first objection indicating documents did not exist. Plaintiff argued Kass was violating his duties as an attorney and being "dishonest" to avoid producing his client's documents:




After reviewing the papers and argument for and against the motion, the judge ruled Kass had to provide facts to show any document was privileged and being withheld on that ground.

The judge then ruled "All other objections lack merit."

The court also said defendant had to state documents were being provided or explain an inability to provide the requested information.




Plaintiff had argued sanctions were appropriate. Citing a litigation guide, plaintiff argued "boilerplate" objections and the type of conduct in this case "violates the attorney's ethical duty" and "severe sanctions" are warranted.




In a tentative ruling the judge said $6300 in sanctions were justified against attorney Bradley Kass, his law firm the Kass and Kass Law Offices, and his client.




After hearing oral argument from the attorneys, the judge issued a final order with $4090 in sanctions:




A full copy of the court's final order can be read here.

Bradley Kass was admitted to the California Bar in 1987. Bar Number 127658.

Kass & Kass Law Offices
1900 South Norfolk Street, Suite 265
San Mateo, California 94403

Law School: None listed with the California State Bar public profile

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.