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Article 2. Incidental Powers and Duties of Courts - California Code of Civil Procedure Section 128.5

128.5.  (a) A trial court may order a party, the party's attorney,
or both to pay the reasonable expenses, including attorney's fees,
incurred by another party as a result of bad-faith actions or tactics
that are frivolous or solely intended to cause unnecessary delay.
This section also applies to judicial arbitration proceedings under
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3.
   (b) For purposes of this section:
   (1) "Actions or tactics" include, but are not limited to, the
making or opposing of motions or the filing and service of a
complaint, cross-complaint, answer, or other responsive pleading. The
mere filing of a complaint without service thereof on an opposing
party does not constitute "actions or tactics" for purposes of this
section.
   (2) "Frivolous" means totally and completely without merit or for
the sole purpose of harassing an opposing party.
   (c) Expenses pursuant to this section shall not be imposed except
on notice contained in a party's moving or responding papers or, on
the court's own motion, after notice and opportunity to be heard. An
order imposing expenses shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.
   (d) In addition to any award pursuant to this section for conduct
described in subdivision (a), the court may assess punitive damages
against the plaintiff on a determination by the court that the
plaintiff's action was an action maintained by a person convicted of
a felony against the person's victim, or the victim's heirs,
relatives, estate, or personal representative, for injuries arising
from the acts for which the person was convicted of a felony, and
that the plaintiff is guilty of fraud, oppression, or malice in
maintaining the action.
   (e) This section shall not apply to disclosures and discovery
requests, responses, objections, and motions.
   (f) Any sanctions imposed pursuant to this section shall be
imposed consistently with the standards, conditions, and procedures
set forth in subdivisions (c), (d), and (h) of Section 128.7.
   (g) The liability imposed by this section is in addition to any
other liability imposed by law for acts or omissions within the
purview of this section.
   (h) (1) A party who files a motion pursuant to this section shall,
promptly upon filing, transmit to the California Research Bureau of
the California State Library, by email, a copy of the endorsed, filed
caption page of the motion or opposition, a copy of any related
notice of appeal or petition for a writ, and a conformed copy of any
order issued pursuant to this section, including any order granting
or denying the motion. The party shall also indicate whether a motion
for sanctions was made pursuant to Section 128.7.
   (2) The California Research Bureau shall maintain a public record
of information transmitted pursuant to this section for at least
three years, or until this section is repealed, whichever occurs
first, and may store the information on microfilm or other
appropriate electronic media.
   (i) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.


128.5.  (a) A trial court may order a party, the party's attorney,
or both to pay any reasonable expenses, including attorney's fees,
incurred by another party as a result of bad-faith actions or tactics
that are frivolous or solely intended to cause unnecessary delay.
This section also applies to judicial arbitration proceedings under
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3.
   (b) For purposes of this section:
   (1) "Actions or tactics" include, but are not limited to, the
making or opposing of motions or the filing and service of a
complaint or cross-complaint only if the actions or tactics arise
from a complaint filed, or a proceeding initiated, on or before
December 31, 1994. The mere filing of a complaint without service
thereof on an opposing party does not constitute "actions or tactics"
for purposes of this section.
   (2) "Frivolous" means totally and completely without merit or for
the sole purpose of harassing an opposing party.
   (c) Expenses pursuant to this section shall not be imposed except
on notice contained in a party's moving or responding papers, or the
court's own motion, after notice and opportunity to be heard. An
order imposing expenses shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.
   (d) In addition to any award pursuant to this section for conduct
described in subdivision (a), the court may assess punitive damages
against the plaintiff upon a determination by the court that the
plaintiff's action was an action maintained by a person convicted of
a felony against the person's victim, or the victim's heirs,
relatives, estate, or personal representative, for injuries arising
from the acts for which the person was convicted of a felony, and
that the plaintiff is guilty of fraud, oppression, or malice in
maintaining the action.
   (e) The liability imposed by this section is in addition to any
other liability imposed by law for acts or omissions within the
purview of this section.
   (f) This section shall become operative on January 1, 2018.


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Last modified: February 16, 2015