Legal Opinion

Frank Annino & Sons Construction, Inc. v. McArthur Restaurants, Inc.

California Court of Appeal

Decided November 7, 1989No. B035360PublishedCited by 19 opinions

1Opinion of the Court

Opinion

JOHNSON, J.

Plaintiff Frank Annino & Sons Construction, Inc., and its former attorney, Kendall K. Watson (appellants), appeal from an order awarding sanctions under Code of Civil Procedure section 128.5 1 to Alain F. Dupuis, a former defendant in the action. We affirm.

Issues

The issues on appeal are: (1) Did the trial court have jurisdiction to entertain a motion for sanctions on behalf of a person whom plaintiff had previously dismissed as a party defendant?(2) If the trial court had jurisdiction did it, nevertheless, abuse its discretion in awarding sanctions against plaintiff or its…

2Cases cited8 opinions

  1. Finnie v. Town of TiburonCalifornia Court of Appeal · 1988
  2. McDonald v. SeveryCalifornia Supreme Court · 1936
  3. Winick Corp. v. County Sanitation District No. 2California Court of Appeal · 1986
  4. Lori, Ltd. v. WolfeCalifornia Court of Appeal · 1948
  5. Spinks v. Superior Court of Los AngelesCalifornia Court of Appeal · 1915

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3Cited by19 opinions

  1. Wong v. JingCalifornia Court of Appeal · 2010
  2. Hong Liu v. MooreCalifornia Court of Appeal · 1999
  3. S. B. Beach Properties v. BertiCalifornia Supreme Court · 2006
  4. Day v. CollingwoodCalifornia Court of Appeal · 2006
  5. Dolan v. Buena Engineers, Inc.California Court of Appeal · 1994

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