Legal Opinion

In Re Marriage of Gumabao

California Court of Appeal

Decided January 9, 1984No. Civ. 68219PublishedCited by 15 opinions

1Opinion of the Court

Opinion

LUI, J.

Summary

In this appeal, we determine that section 128.5 of the Code of Civil Procedure, 1 enacted in 1981, empowers the trial court to award attorney’s fees as sanctions against an attorney who is aware of his inability to appear at the time set for trial, has an opportunity to but fails to take appropriate steps to notify opposing counsel of such inability, fails to adequately inform the court of the reasons for his delay in appearance, and fails to appear in court in accordance with his representations. In our view, the actions of the sanctioned attorney constituted tactics…

2Cases cited7 opinions

  1. Bauguess v. PaineCalifornia Supreme Court · 1978
  2. Arthur v. Superior CourtCalifornia Supreme Court · 1965
  3. Wisniewski v. ClaryCalifornia Court of Appeal · 1975
  4. Ellis v. Roshei Corp.California Court of Appeal · 1983
  5. Mowrer v. Superior CourtCalifornia Court of Appeal · 1969

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3Cited by15 opinions

  1. West Coast Development v. ReedCalifornia Court of Appeal · 1992
  2. Luke v. Baldwin-United Corp.California Court of Appeal · 1985
  3. Lesser v. Huntington Harbor Corp.California Court of Appeal · 1985
  4. Mungo v. UTA French AirlinesCalifornia Court of Appeal · 1985
  5. Rabbitt v. VincenteCalifornia Court of Appeal · 1987

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