Sanctions: $200,000 CCP § 128.5 Sanctions Award Reversed Because It Was Not Causally Tethered To the Criminal Kidnapping Conduct At Issue

A Remand Was Ordered On The Civil Component And A Possible Penalty Payable To The Court.

               Talk about interesting issues; well, there was one considered by the 4/1 DCA in Razuki v. Malan, Case No. D082560 (4^th Dist., Div. 1 Mar. 20, 2025) (unpublished).

               There, plaintiff was assessed with a $200,000 sanctions award under CCP § 128.5 for his conduct in trying to kidnap defendant several months after the civil lawsuit was filed.  Although determining that criminal conduct could be sanctionable under section 128.5, the appellate court reversed because the evidence did not show that the awarded amount was causally tethered to the criminal conduct at issue.  In the end, the matter was remanded to revisit the sanctions amount to be awarded to defendant plus a possible penalty payable to the court under the sanctions statute (with the court penalty not having to be causally related to the underlying conduct).