Sanctions: $11,300 In CCP § 128.7 Sanctions Affirmed Against Client’s Attorney Based On Relitigating Grounds Lost Before

However, Because No Improper Purpose Shown By Client Independent Of Following Counsel’s Advice, Sanctions Against Client Reversed.

            Showers v. Matthews, Case No. A163900 (1^st Dist., Div. 1 June 29, 2022) (unpublished) is a reminder that CCP § 128.7 sanctions cannot be sustained under subdivision (b)(1) if the underlying conduct by a client was reliance on what counsel did.  In this case, the trial court awarded 128.7 sanctions of $11,300 against both client and client’s attorney for relitigating a second probate petition which had been dispositively decided under grounds raised in a first petition.  Because the conduct was objectively without merit and no subjective bad faith needs to be shown, the award was affirmed against the attorney.  However, because the order did not show that client had an improper motive other than relying on the actions of client’s attorney, the award had to be reversed as against client.