Sanctions Order Did Not Have Adequate Specificity.
Idewu v. Clark, Case No. B266573 (2d Dist., Div. 3 Jan. 24, 2017) (unpublished) is a situation where a trial judge likely was somewhat irked by the conduct of a defendant successfully moving to compel arbitration. After the matter was moved to arbitration, the arbitration proceeded for several days but was terminated when the defendant (who had moved to compel arbitration) failed to pay her share of arbitration fees. The matter returned to the trial court, who granted CCP ยง 128.5 sanctions against defendant to the tune of $17,000.
This one was reversed on a procedural ground. The trial judge only issued a one-page minute order not detailing the conduct or circumstances justifying the sanctions order. The requirement that the offending conduct be specified in writing is existent in both the former and current versions of section 128.5. So, without passing on the merits at all, the appellate court remanded for the trial court either to enter a new sanctions order which details the offensive conduct or to vacate the imposition of sanctions absent a clarifying order.
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