Legal Opinion
San Diegans for Open Government v. City of San Diego
California Court of Appeal
Decided June 7, 2016No. D068421PublishedCited by 14 opinions
1Opinion of the Court
Opinion
McDONALD, J.
Effective January 1, 2015, the Legislature revised and revived Code of Civil Procedure section 128.5, 1 which provides statutory authority for an award of sanctions. (Stats. 2014, ch. 425, §§ 1-2.) We conclude the current version of section 128.5 applies to any case pending as of its effective date; a party filing a sanctions motion under section 128.5 does not need to comply with section 128.7, subdivision (c)(1) (the safe harbor waiting period); and the legal standard in evaluating a request for sanctions under section 128.5 is whether the challenged conduct was…
2Cases cited32 opinions
- In Re Marriage of FlahertyCalifornia Supreme Court · 1982
- Evangelatos v. Superior CourtCalifornia Supreme Court · 1988
- Californians for Disability Rights v. Mervyn's, LLCCalifornia Supreme Court · 2006
- Union Bank v. Superior CourtCalifornia Court of Appeal · 1995
- Elsner v. UvegesCalifornia Supreme Court · 2004
27 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Nutrition Distribution, LLC v. S. Sarms, Inc., California Court of Appeal, 5th District2018
- Sukumar v. City of San Diego, California Court of Appeal, 5th District2017
- CPF Vaseo Assocs., LLC v. Gray, California Court of Appeal, 5th District2018
- Sahafzadeh-Taeb v. Taeb (In re Sahafzadeh-Taeb), California Court of Appeal, 5th District2019
- Sutter Health v. Eden Township Healthcare DistrictCalifornia Court of Appeal · 2016
9 more not listed; retrieve them via the Exa API.