Lind v. Medevac, Inc.

Wendell Lind brought a personal-injury action on behalf of Edward Lind (plaintiff) against Medevac, Inc. and some Medevac employees (collectively, Medevac) (defendants). Attorney B. Mark Fong, Jr. and Fong’s law firm represented Medevac. After a jury returned a verdict in Medevac’s favor, Fong sent the jurors a letter informing them that losing parties sometimes hired investigators to impeach jury verdicts. Fong’s letter decried these investigations as tactics designed to undermine the jurors’ fair result. The letter said that the investigators would ask the jurors to sign statements that would be given to the judge to convince the judge that the verdict was improper. The letter also told the jurors that they had no obligation to speak with any investigator. Lind moved for a judgment notwithstanding the verdict or for a new trial based on allegations of jury misconduct, among other things. Medevac opposed the motions, asserting that Lind had not submitted jurors’ affidavits of misconduct in support of the new-trial motion as required under California’s civil-procedure rules. Lind claimed that Fong’s letter had prevented Lind from obtaining the necessary affidavits. The trial court denied Lind’s motions but expressed disapproval of Fong’s letter and imposed sanctions of $20,000 on Fong and his law firm, holding that the letter violated the rules of professional conduct. The court based its sanctions award on California Code of Civil Procedure § 128, which set forth the court’s inherent power to control courtroom proceedings. Fong and his law firm appealed the sanctions.