Rietveld v. Rosebud Storage Partners, L.P., 121 Cal. App. 4th 250 (2004)

Jon and Carole Rietveld sued their former employer, Rosebud Storage Partners, for breach of contract and fraud. Following entry of summary judgment in favor of Rosebud, the Rietvelds and their attorney, Lyle Havens, appealed. In the published portion of the opinion, the Court of Appeal considered Havens’s appeal of a $2,380 sanctions order against him personally, resulting from his failure to participate meaningfully in a judicial arbitration. The appellate court affirmed the sanctions order against Havens in view of the following: He arrived 25 minutes late to the hearing; failed to provide the pleadings and the brief the arbitrator had requested; failed to have the Rietvelds appear or be available by telephone; and failed to produce evidence to support the Rietvelds’ case.