Ellis v. Roshei Corp.

Opinion

ROSS, J. *

SUMMARY

In this appeal, we must determine whether Code of Civil Procedure section 128.5 1 empowers the trial court to grant sanctions against an attorney who, on behalf of his client, demurs to a cross-complaint on grounds which are initially valid, but such validity evaporates upon opposing counsel’s concessions to all contentions raised by the demurrer. We hold that the trial court properly imposed sanctions on counsel for the demurring party under section 128.5 for “tactics or actions not based on good faith which are frivolous or which cause unnecessary delay.”

Proceedings…