Rudrich Family Management v. RHA Engineering CA4/2

I. INTRODUCTION

Objectors and appellants Weil & Drage, APC, Jean A. Weil, and Anthony D. Platt

appeal from an order directing them to pay $5,000 in monetary sanctions. They contend

the trial court abused its discretion in issuing the order because the allegedly frivolous

motion for summary adjudication was based on newly discovered facts that were not

asserted in a prior motion for summary judgment.

Plaintiff and respondent Rudrich Family Management (Rudrich Family) has not

filed a respondent‟s brief in this matter. We therefore consider the appeal on the basis of

the record, the opening brief and oral argument, if any. (Cal. Rules of Court, rule

8.220(a)(2).)

II. FACTS AND PROCEDURAL BACKGROUND

In February 2009, Rudrich Family filed an action against RHA Engineering, Inc.,

(RHA) and other corporations and individuals, alleging causes of action for injunction,

negligence, private nuisance, and trespass to real property. The complaint alleged that

RHA had provided engineering services in connection with a 2004 subdivision project

adjacent to a mobilehome park owned by Rudrich Family, and water and dirt were

seeping through a retaining wall between the properties…