Kane v. Hurley

Opinion

GRIGNON, J.

Appellant, Attorney Jonathan B. Cole, appeals from an order requiring him to pay sanctions to the trial court for bad faith actions, pursuant to Code of Civil Procedure section 128.5. Although appellant raises a number of contentions on appeal, we need resolve only one. We conclude section 128.5 sanctions may not be ordered payable to the trial court. We reverse.

Facts and Procedural Background

Attorney William C. Melcher represented the plaintiff in an action against defendants represented by Attorney Jack R. Willis. In the course of the proceedings, the trial court imposed…