Discovery
Civ-Pro
Case Summary |
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0570 A trial court's refusal to award sanctions under CCP 128.5 implies a finding that the action was not frivolous and should not be set aside unless the party seeking sanctions demonstrates an abuse of discretion. <Majority - Sanctions should not be awarded in the absence of subjective bad faith; Dissent - Sanctions should be awarded if the action was objectively frivolous.>CitationDOLAN v BUENA ENGINEERS (Frivolous Action) 24 CA4 1500 [See: CCP 128.5] |
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Finz Case Law Summaries (Finz Advance Tapes)
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