Legal Opinion
Nutrition Distribution, LLC v. S. Sarms, Inc.
California Court of Appeal, 5th District
Decided January 31, 2018No. B280983PublishedCited by 8 opinions
1Opinion of the CourtPerluss, P. J.
*120Code of Civil Procedure section 128.51 authorizes a trial court to award sanctions for bad faith actions or tactics that are frivolous or solely intended to cause delay. Pursuant to former subdivision (f) of section 128.5, effective from January 1, 2015 until amended by urgency legislation enacted August 7, 2017 (former subdivision (f)), any such sanctions had to be imposed "consistently with the standards, conditions, and procedures set forth in subdivisions (c),(d), and (h) of Section 128.7."
Ruling that former subdivision (f) incorporated the 21-day safe harbor notice-and-waiting period of…
2Cases cited11 opinions
- Western Security Bank v. Superior CourtCalifornia Supreme Court · 1997
- Wells v. One2One Learning FoundationCalifornia Supreme Court · 2006
- March Fong Eu v. ChaconCalifornia Supreme Court · 1976
- Mt. Hawley Insurance v. LopezCalifornia Court of Appeal · 2013
- Voices of the Wetlands v. State Water Resources Control BoardCalifornia Supreme Court · 2011
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- CPF Vaseo Assocs., LLC v. Gray, California Court of Appeal, 5th District2018
- Sahafzadeh-Taeb v. Taeb (In re Sahafzadeh-Taeb), California Court of Appeal, 5th District2019
- CPF Vaseo Associates, LLC v. GrayCalifornia Court of Appeal · 2018
- Changsha Metro Group Co. v. XufengCalifornia Court of Appeal · 2020
- Mackovksa v. Viewcrest Road Properties LLCCalifornia Court of Appeal · 2019
3 more not listed; retrieve them via the Exa API.