California Legislature—2015–16 Regular Session

Assembly Bill No. 1167

Introduced by Assembly Member Gallagher

February 27, 2015

An act to amend Section 128.5 of the Code of Civil Procedure, relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1167, as introduced, Gallagher. Courts: frivolous actions or proceedings.

Existing law, until January 1, 2018, authorizes a trial court to order a party, the party’s attorney, or both, to pay the reasonable expenses, including attorney’s fees, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. Existing law, on and after January 1, 2018, authorizes a trial court to make that order only if the actions or tactics arise from a complaint filed, or a proceeding initiated, on or before December 31, 1994.

This bill would make technical, nonsubstantive change to the provision described above that is operative until January 1, 2018.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 128.5 of the Code of Civil Procedure, as
amended by Section 1 of Chapter 425 of the Statutes of 2014, is
amended to read:

128.5.  

(a) A trial court may order a party, the party’s attorney,
or begin delete both end delete begin insert both, end insert to pay the reasonable expenses, including attorney’s
fees, incurred by another party as a result of bad-faith actions or
tactics that are frivolous or solely intended to cause unnecessary
delay. This section also applies to judicial arbitration proceedings
under Chapter 2.5 (commencing with Section 1141.10) of Title 3
of Part 3.

(b) For purposes of this section:

(1) “Actions or tactics” include, but are not limited to, the
making or opposing of motions or the filing and service of a
complaint, cross-complaint, answer, or other responsive pleading.
The mere filing of a complaint without service thereof on an
opposing party does not constitute “actions or tactics” for purposes
of this section.

(2) “Frivolous” means totally and completely without merit or
for the sole purpose of harassing an opposing party.

(c) Expenses pursuant to this section shall not be imposed except
on notice contained in a party’s moving or responding papers or,
on the court’s own motion, after notice and opportunity to be heard.
An order imposing expenses shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.

(d) In addition to any award pursuant to this section for conduct
described in subdivision (a), the court may assess punitive damages
against the plaintiff on a determination by the court that the
plaintiff’s action was an action maintained by a person convicted
of a felony against the person’s victim, or the victim’s heirs,
relatives, estate, or personal representative, for injuries arising
from the acts for which the person was convicted of a felony, and
that the plaintiff is guilty of fraud, oppression, or malice in
maintaining the action.

(e) This section begin delete shall end delete begin insert does end insert not apply to disclosures and discovery
requests, responses, objections, and motions.

(f) Any sanctions imposed pursuant to this section shall be
imposed consistently with the standards, conditions, and procedures
set forth in subdivisions (c), (d), and (h) of Section 128.7.

(g) The liability imposed by this section is in addition to any
other liability imposed by law for acts or omissions within the
purview of this section.

(h) (1) A party who files a motion pursuant to this section shall,
promptly upon filing, transmit to the California Research Bureau
of the California State Library, by email, a copy of the endorsed,
filed caption page of the motion or opposition, a copy of any related
notice of appeal or petition for a writ, and a conformed copy of
any order issued pursuant to this section, including any order
granting or denying the motion. The party shall also indicate
whether a motion for sanctions was made pursuant to Section
128.7.

(2) The California Research Bureau shall maintain a public
record of information transmitted pursuant to this section for at
least three years, or until this section is repealed, whichever occurs
first, and may store the information on microfilm or other
appropriate electronic media.

(i) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.