California, United States of America
The following excerpt is from Silliman v. Municipal Court of Monterey Peninsula Judicial Dist., 140 Cal.App.3d 19, 189 Cal.Rptr. 318 (Cal. App. 1983):
The parties stipulated--hence respondents conceded--that the motion to quash was opposed in bad faith. Such a stipulation is binding on the parties and on this court (Palmer v. City of Oakland (1978) 86 Cal.App.3d 39, 44, 150 Cal.Rptr. 41; In re Marriage of Carter (1971) 19 Cal.App.3d 479, 488, 97 Cal.Rptr. 274), and may not be disregarded absent a showing of illegality or compelling contrary public policy. (Estate of Burson (1975) 51 Cal.App.3d 300, 306, 124 Cal.Rptr. 105.) And since the record discloses no sufficient reason for setting aside the stipulation, I think we are confronted with the simple question of the propriety of an award of attorney fees on the precise facts before us, which include admitted bad faith on the part of respondents.
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