Sepulveda v. Talavera Cocina Mexicana

Background

Richard Sepulveda sued Talavera Cocina Mexicana and Brodsky Family Properties, LLC. Attorney Andrew Gabriel entered an appearance for both defendants and filed their answer. The case was subject to a scheduling order and later court orders requiring the parties to participate in case-management activities, status reporting, and mediation.

In March 2024, Gabriel was reportedly badly injured in a shooting. The court held several status conferences while addressing his absences. Gabriel appeared at the July 16, 2024 status conference, but a November 2024 status report stated that he had told Sepulveda’s counsel that he might withdraw and then stopped communicating. Gabriel never filed a motion to withdraw or a substitution of counsel.

Failure to Participate

Gabriel did not appear at the December 3, 2024 initial case-management conference. The court ordered him to respond in writing to an order to show cause—an order requiring him to explain why he should not face consequences—by December 27, 2024. He filed no response and did not attend the January 21, 2025 hearing on that order. Court staff also unsuccessfully sought an explanation by email and telephone; staff were told that Gabriel was attending another, unspecified hearing.

The court found that Gabriel had repeatedly failed to communicate with opposing counsel, comply with the scheduling order, respond to status reports, follow court orders, and appear at noticed hearings. The court stated that Gabriel had not indicated that his physical injuries or any other reason prevented him from responding.

Rulings and Orders

The court found that Gabriel had failed to comply with the December 3, 2024 order to show cause. It personally sanctioned him $350 under the court’s authority to enforce scheduling and pretrial orders and its inherent authority to control proceedings. Gabriel must pay the amount himself, rather than having his clients pay it, to the Clerk of the U.S. District Court for the Northern District of California within 30 days of the order and attach a copy of the order to his payment.

The court ordered Gabriel to appear in person at a further order-to-show-cause hearing on February 27, 2025. At that hearing, he must explain why the court should not impose additional sanctions, including further monetary sanctions, referrals or self-reporting to professional-discipline authorities, legal-education requirements, and possible default judgment against his clients. The order states that Gabriel waived his right to file a written response to the further order to show cause because he did not timely respond to the earlier order and failed to attend prior hearings. It allows him to seek permission to file a written response through an ex parte motion showing good cause.

The court also ordered Gabriel to provide each client, including the clients’ owners, officers, and managing directors, with notice of the sanction and a copy of the order within 10 business days. He must then file a sworn declaration certifying that he completed that reporting. Sepulveda and the defendants’ corporate representatives may attend the February 27 hearing, but they are not required to do so. The court warned that further violations could lead to additional sanctions, including possible terminating sanctions.