AB 2494, as amended, Cooley. Courts: frivolous actions or proceedings.
Existing law authorizes a trial court to order a party, the party’s attorney, or both to pay 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, if the actions or tactics arise from a complaint filed, or a proceeding initiated, on or before December 31, 1994. Existing law defines “frivolous” for these purposes, in part, as “for the sole purpose of harassing an opposing party.” In addition to the reasonable expenses award, existing law authorizes the court to assess punitive damages against the plaintiff on a determination that the plaintiff’s action was maintained by a person convicted of a felony against the person’s victim for injuries arising from the acts for which the person was convicted, and that the plaintiff is guilty of fraud, oppression, or malice in maintaining the action.
Existing law also requires every pleading, petition, written notice of motion, or other similar paper to be signed by the attorney of record, or if a party is unrepresented, by the party, thereby certifying to the best of the person’s knowledge, information, and belief that it is not being presented primarily for an improper purpose, as specified, and that the claims, defenses, and legal and factual contentions are warranted, as specified. Existing law authorizes a trial court to impose sanctions upon an attorney, law firm, or party that violates these provisions in a complaint, petition, or other paper filed on or after January 1, 1995.
This bill would delete the December 31, 1994, date limitation on a trial court’s authorization to award reasonable expenses incurred as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay, thus making
both of the provisions described above applicable commencing January 1, 2015.begin delete The bill would recast the definition of “frivolous” for purposes of the reasonable expenses award, in part, as “for the purpose of harassing an opposing party.”end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 128.5 of the Code of Civil Procedure is
2amended to read:
(a) A trial court may order a party, the party’s attorney,
4or both to pay the reasonable expenses, including attorney’s fees,
5incurred by another party as a result of bad-faith actions or tactics
6that are frivolous or solely intended to cause unnecessary delay.
7This section also applies to judicial arbitration proceedings under
8Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part
93.
10(b) For purposes of this section:
11(1) “Actions or tactics” include, but are not limited to, the
12making or opposing of motions or the filing and service of a
13complaint or
cross-complaint. The mere filing of a complaint
14without service thereof on an opposing party does not constitute
15“actions or tactics” for purposes of this section.
16(2) “Frivolous” means totally and completely without merit or
17for thebegin insert soleend insert purpose of harassing an opposing party.
18(c) Expenses pursuant to this section shall not be imposed except
19on notice contained in a party’s moving or responding papers or,
20on the court’s own motion, after notice and opportunity to be heard.
21An order imposing expenses shall be in writing and shall recite in
22detail the conduct or circumstances justifying the order.
23(d) In addition to any award pursuant to this section for conduct
24described in subdivision (a), the court may assess punitive damages
P3 1against the plaintiff on a determination by the court that the
2plaintiff’s action was an action maintained by a person convicted
3of a felony against the person’s victim, or the victim’s heirs,
4relatives, estate, or personal representative, for injuries arising
5from the acts for which the person was convicted of a felony, and
6that the plaintiff is guilty of fraud, oppression, or malice in
7maintaining the action.
8(e) The liability imposed by this section is in addition to any
9other liability imposed by law for acts or omissions within the
10purview of this section.
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