Collins v. Department of Transportation

Opinion

SIMS, J.

The summary judgment statute, Code of Civil Procedure section 437c, former subdivision (i) provided:1 “If the court determines at any time that any of the affidavits are presented in bad faith or solely for purposes of delay, the court shall order the party presenting the affidavits to pay the other party the amount of the reasonable expenses which the filing of the affidavits *862caused the other party to incur. Sanctions shall not be imposed pursuant to this subdivision, except on notice contained in a party’s papers, or on the court’s own noticed motion, and after an opportunity…