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Scott C. Moody, Inc v. Starr Surgical Company

May 23, 2011

SCOTT C. MOODY, INC., PLAINTIFF,
v.
STARR SURGICAL COMPANY, DEFENDANT; DANIEL J. CALLAHAN, OBJECTOR AND APPELLANT.



Appeal from an order of the Superior Court of Orange County, Glenda Sanders, Judge. (Super. Ct. No. 07CC10132)

The opinion of the court was delivered by: Moore, J.

CERTIFIED FOR PUBLICATION

OPINION

Affirmed.

The court made a ruling at sidebar that counsel should not inquire into a particular area. Counsel proceeded to do exactly what the court ordered him not to do.

The trial court found counsel knowingly violated its order and imposed a $1,500 sanction under Code of Civil Procedure section 177.5. (Unless otherwise noted, all statutory references are to the Code of Civil Procedure.) We affirm the court's order.

I FACTS

Appellant Daniel J. Callahan, an attorney at law, appeals from an order imposing sanctions against him in the amount of $1,500 pursuant to section 177.5. The following colloquy occurred in open court between the trial court and Callahan outside the presence of the jury:

"The Court: Mr. Callahan.

"[Counsel]: Yes, your Honor.

"The Court: At side bar I specifically and categorically instructed you not to ask the question, why did Mr. Greiling not want the restrictive covenant in his contract; right?

"[Counsel]: That must be true.

"The Court: Is it or is it not true?

"[Counsel]: I can't tell you ...


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