Olmstead v. Arthur J. Gallagher & Co.

Opinion

BAXTER, J.

We granted review in this case to address whether Code of Civil Procedure section 128.5, 1 as amended in 1994, authorizes trial courts to award sanctions, including attorney fees, for bad faith litigation actions or tactics that arise from a claim initiated after December 31, 1994. We conclude that the statutory language of section 128.5 and related statutes, and other indicia of legislative intent, establish that section 128.5 does not apply to conduct arising from a claim initiated after December 31, 1994. To the extent the Court of Appeal reached a contrary result, its…