Given That Plaintiff Was Counsel Represented, This Particular Sanction Cannot Be Issued Against Represented Litigant.
In Dunlap v. The Walt Disney Co., Case No. B261779 (2d Dist., Div. 1 Jan. 29, 2016) (unpublished), authored by Presiding Justice Rothschild for a 3-0 panel, plaintiff—who was represented by counsel—was hit with a sanction of $12,800 under Code of Civil Procedure section 128.7(b)(2) (a pleading certification requirement by litigants). The appellate court reversed. After determining that no facts were stated to support an award under section 128.7(b)(1), the reversing panel found that section 128.7(d) only allowed 128.7(b)(2) sanctions to be assessed against attorneys, not represented litigants.
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