Lack of Findings on Withdrawn Sanctions Motion Was Critical to Reversal.
In Sverdlin v. Yollin, Case No. B234184 (2d Dist., Div. 5 May 10, 2012) (unpublished), defendant/defendant’s attorneys appealed a CCP § 128.7(c)(1) sanctions award [the equivalent of a F.R.Civ.P. Rule 11] in favor of plaintiff. Good move by the defense/defense attorneys.
The trial court awarded 128.7 fees and costs of $13,250 rather than the requested $22,138 tally against the defense team. However, it did not consider whether the 128.7 sanctions motion, which was withdrawn, was fraught with frivolity, was unfounded, was filed for an improper purpose, or was unreasonable in nature. Without findings of this nature, the award had to be reversed and remanded for further determination.