Rush v. Weinzettl

Opinion

GILBERT, J.

An attorney who is not of record files a motion on behalf of a party in an action. Does the trial court have jurisdiction to impose sanctions against such an attorney? Yes, because he represents a party even though he is not attorney of record.

Attorney Henry W. Bockman appeals an order imposing $500 sanctions against trim under Code of Civil Procedure section 128.5. Here, the trial court had jurisdiction to impose sanctions, but we do not decide the merits of the appeal. Instead, we dismiss the appeal because section 904.1, subdivision (k) does not permit interim appellate…