Hearst

Hearst v. Ferrante

Good Law
189 Cal. App. 3d 201·1987 Cal. App. LEXIS 1387·234 Cal. Rptr. 385
Court of Appeal of CaliforniaFebruary 10, 1987B016067California1,015 words

Opinion

Opinion

Gilbert, J.

Some attorneys are so addicted to litigation that they will do anything to prolong it. Regrettably, that is why the California Reports contain an ever growing number of cases devoted to sanctions. ■

Here is .yet another contribution to the sanctions proliferation. Where sanctions are awarded pursuant to Code of Civil Procedure section 128.5, the court must state in writing its reasons for the order. (Fegles v. Kraft (1985) 168 Cal.App.3d 812, 816-817 [ 214 Cal.Rptr. 380 ].) Here we hold that where sanctions are awarded against a party as a condition of relieving him from a judgment or order under section 473, the court must also provide that party with a written statement of reasons for the order.

Cross-defendant George R. Hearst, Jr., appeals the $600 attorneys’ fees awarded to cross-complainants George and Kathy Ferrante. We remand to permit the trial court to state reasons justifying the sanctions, or alternatively, to vacate the award. (§ 128.5; Fegles v. Kraft, supra, 168 Cal.App.3d 812, 816-817 ; §473; In re Marriage of Flaherty (1982) 31 Cal.3d 637, 654 [ 183 Cal.Rptr. 508 , 646 P.2d 179 ].)

Facts

The Ferrantes, sued by Hearst for breach of contract, filed a…

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