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Changsa Metro Group Co., Ltd. v. Xufeng (2020)

In reaction to San Diegans for Open Government v. City of San Diego (2016) 247 Cal.App.4th 1306, the Legisalture amended CCP 128.5 to require in subdivision (f) that the court first find a motion, complaint or other filing to be frvolous under subdivision (a) and then not award sanctions until after a 21-day safe harbor as under CCP 128.7.  This… Read More

Cornerstone Realty Advisors, LLC v. Summit Healthcare REIT, Inc. (2020)

Three principles govern the award of monetary sanctions for discovery abuse.  First, the court must award monetary sanctions against the loser of a discovery motion unless it finds that either the loser acted with substantial justification or imposition of sanctions would be unjust under the circumstances.  Second, the monetary sanctions may only be imposed based on attorney fees and costs… Read More

CPF Vaseo Associates, LLC v. Gray

by Jan T. Chilton |

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

Huang v. Hanks

by Jan T. Chilton |

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

In re Westwood Plaza North (Erde v. Bodnar)

by Jan T. Chilton |

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

Goodyear Tire & Rubber Co. v. Haeger

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

San Diegans for Open Government v. City of San Diego

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

Osborne v. Todd Farm Service

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