Can an attorney or party who files a frivolous motion to disqualify or harass an opponent to delay litigation be sanctioned by paying the attorney fees and costs incurred by the opposing party?

California, United States of America


The following excerpt is from Hanna v. City of Long Beach, B281878 (Cal. App. 2018):

(Former 128.5, subd. (a).) The statute defines "frivolous" as "totally and completely without merit or for the sole purpose of harassing an opposing party." ( 128.5, subd. (b)(2).) An attorney or party "who files a frivolous motion to disqualify or harass an opponent to delay the litigation can, of course, be sanctioned by being required to pay the attorneys fees and costs incurred by the other party." (Gregori v. Bank of America (1989) 207 Cal.App.3d 291, 301, fn. 5.)

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