Truong

I. INTRODUCTION

The plaintiff‟s attorney in a now dismissed breach of contract action, Hoa Phu Truong, challenges two orders he pay sanctions to the defendant, pursuant to section 128.7 of the Code of Civil Procedure.1 We have consolidated the appeals from each of the two orders and now dismiss them. Truong filed his first appeal from an appealable order, but filed it too late. He filed his second appeal timely, but it was from a nonappealable order. There are also two motions for sanctions on appeal based on filing two frivolous appeals. The first motion attacks the appeal from the initial section 128.7 order granting joint sanctions against Truong and his client Phuong Ton Nu in the amount of $22,292.04. We deny this motion. As we explain in the companion appeal (G046839), the record in this case raises too many unanswered questions as to precisely what happened to the $70,000 entrusted by Nu to defendant Nguyen to assume the case was totally meritless to begin with, or – more apropos to the motions before us – that Truong‟s appeal from the determination his client‟s complaint lacked evidentiary support is sanctionable under the standards set out in In re Marriage of Flaherty…