Vidrio v. Hernandez
California Court of Appeal
92 Cal. Rptr. 3d 178 (2009)
Relevant factsFree
After the trial court ordered a mandatory settlement conference in a negligence suit brought by Miguel Vidrio and Patricia Salinas (plaintiffs) against Maria Hernandez (defendant), Hernandez's insurer Mercury Insurance (defendant) sent an attorney who merely repeated a prior $1,000-per-plaintiff settlement offer, made no counteroffer, and, the trial court found, wasn't prepared to discuss damages, defense costs, or the offer intelligently. The trial court sanctioned Mercury monetarily for failing to participate in the conference in good faith, and Mercury appealed.
IssueFree
Whether trial courts can only impose monetary sanctions if specifically authorized by statute or court rule.