Peake v. Underwood
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
HALLER, J.
Joanne Peake purchased a home from Marviel and Deanna Underwood. About two years later, Peake brought an action against the Underwoods and the Underwoods’ real estate agent, Paul Ferrell. Peake sought to recover damages for defendants’ alleged failure to disclose defective subfloors in the home.
After the case had been pending for more than one year, Ferrell moved for terminating and monetary sanctions against Peake and her counsel, Norman Shaw, under Code of Civil Procedure section 128.7. Section 128.7 provides a trial court with the discretionary authority to impose…
2Cases cited29 opinions
- In Re Marriage of FlahertyCalifornia Supreme Court · 1982
- Lingsch v. SavageCalifornia Court of Appeal · 1963
- Perez v. Posse ComitatusCourt of Appeals for the Second Circuit · 2004
- Whyte v. Schlage Lock CompanyCalifornia Court of Appeal · 2002
- Boyce W. Childs v. State Farm Mutual Automobile Insurance Company v. Bruce C. Waltzer, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1994
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3Cited by28 opinions
- Davis v. Mandekic (In re Estate of Kerkorian), California Court of Appeal, 5th District2018
- Ponce v. Wells Fargo Bank, California Court of Appeal, 5th District2018
- Horiike v. Coldwell Banker Residential Brokerage Co.California Supreme Court · 2016
- Aquino v. Klein CA2/3California Court of Appeal · 2021
- Ari Law v. Autonation.comCalifornia Court of Appeal · 2026
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