A sanctions motion under either CCP 128.5 & 128.7 must be served on the party from whom sanctions are sought at least 21 days before the motion is filed in court in order to give that party time to rectify the allegedly sanctionable conduct. Read More
A trial court has inherent power to dismiss as frivolous plaintiff’s 31 proceedings against prominent persons whom he claimed were harassing him. Read More
Different deadlines apply to seeking double costs and attorney fees for a frivolous appeal under Fed. R. App. P. 38; a bill of costs must be filed within 14 days after the opinion is filed, but attorney fees may be sought within 14 days after the time for seeking rehearing expires. Read More
A motion for sanctions filed pursuant to Code of Civil Procedure section 128.5 must comply with the 21-day safe harbor requirement. Read More
The invited error doctrine bars a party from appealing from an order the party submitted for the sole purpose of creating an appeal that would derail trial. Read More
Exercising its inherent power, a federal court may award attorney fees as a sanction; however, unless criminal contempt procedures are followed, the sanction cannot exceed the amount of attorney fees the opposing party would not have incurred but for the sanctionable conduct. Read More
In determining whether an action or tactic is frivolous for purposes of a sanctions award under CCP 128.5, the court should apply an objective standard, judging the merits of the action or tactic from a reasonable person's perspective; and that a complaint withstood demurrer does not prove it was not frivolous, since whether a claim is meritless must be evaluated… Read More
The trial court did not abuse its discretion in granting terminating sanctions after plaintiff’s attorney repeatedly disobeyed in limine orders by referring to excluded evidence in his opening statement and questioning of witnesses, prejudicing defendants because jury might think their repeated, proper objections were hiding the true facts from the jury. Read More
