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$60,000 In CCP § 128.7 Sanctions Against Plaintiff And Plaintiff’s Attorney For Years Of Forestalling Foreclosure Efforts Affirmed On Appeal

calattorneysfees.com | November 20, 2015

Plaintiff Kept Going After Earlier Sanctions Tentative For $38,080 Was Dismissed For Procedural Defects

This next post counsels litigants and their counsel that there is a point where the battle has been lost, under penalty of having sanctions imposed for further litigation—which is exactly what happened.

In Ledesma v. JPMorgan Chase, Case No. B254614 (2d Dist., Div. 7 June 15, 2015) (unpublished), plaintiff and his attorney were both sanctioned $60,000 under CCP §§ 128.7(b)(1) [improper litigation purpose] and (b)(3) [no evidentiary support for allegations in a pleading], after the trial judge had earlier indicated a tentative to impose $38,080 in 128.7 sanctions—but which tentative had to be denied without prejudice because of some procedural defects. Plaintiff and his counsel still kept going, imagewith the record getting worse and worse, with years of efforts (including personal bankruptcies) being used to stymie foreclosure to a lender, waiting over 5 years post-default to seek a loan modification (hardly timely under the Homeowners Bill of Rights), requiring a buyer at a nonjudicial foreclosure to actually obtain an unlawful detainer eviction judgment (at considerable expense), and trying yet another personal bankruptcy in violation of a prior 2-year bankruptcy bar set by a prior bankruptcy judge (with comments on jurists confronting this issue being fairly caustic).

The $60,000 sanctions award was affirmed on appeal, with the appellate court chastising plaintiff/his counsel for not learning from the vacated prior tentative against them both. Guess this one could be summarized as “enough is enough” based on the tenor of the opinion.


Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager


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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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