Legal Opinion

Dolan v. Buena Engineers, Inc.

California Court of Appeal

Decided May 11, 1994No. B073328PublishedCited by 17 opinions

1Opinion of the Court

OPINION

Appellant, Buena Engineers, Inc., was one of over 100 defendants involved in complex litigation regarding liability for a toxic disposal site in Ventura County. After three years of discovery and pretrial motions, appellant was involuntarily dismissed from the action. Appellant requested an award of costs and attorney fees under Code of Civil Procedure section 128.5 as a sanction against respondents for prosecuting a frivolous action.1 The trial court denied the request for sanctions. We affirm.

FACTS AND PROCEEDINGS BELOW

The underlying toxic tort action stems from the development of a…

2Cases cited16 opinions

  1. Denham v. Superior CourtCalifornia Supreme Court · 1970
  2. In Re Marriage of FlahertyCalifornia Supreme Court · 1982
  3. Walling v. KimballCalifornia Supreme Court · 1941
  4. Finnie v. Town of TiburonCalifornia Court of Appeal · 1988
  5. Brown v. NewbyCalifornia Court of Appeal · 1940

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3Cited by17 opinions

  1. Kurinij v. Hanna & MortonCalifornia Court of Appeal · 1997
  2. Jespersen v. Zubiate-BeauchampCalifornia Court of Appeal · 2003
  3. Petropoulos v. PetropoulosCalifornia Court of Appeal · 2001
  4. Corbett v. Hayward Dodge, Inc.California Court of Appeal · 2004
  5. Sabek, Inc. v. Engelhard Corp.California Court of Appeal · 1998

12 more not listed; retrieve them via the Exa API.

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