Lind

Appellants in this action are an attorney and the law firm for which he works. They appeal from an order of the San Mateo Superior Court imposing sanctions against them as a result of the attorney’s conduct in contacting the members of a jury after the trial of a personal injury action. Appellants claim the trial court lacked the authority to impose sanctions in the manner in which it did. We agree and reverse the trial court’s order.

I. Factual and Procedural Background

In July 1984, Edward P. Lind, by and through his conservator Wendell J. Lind (plaintiff), filed a complaint for personal injuries. Named as defendants were Medevac, Inc.; its employees, Dana Young and Carol Ferguson; and others. Plaintiff was represented by attorney Marc C. Barulich of the firm of Barulich & Barulich. Defendants were represented by appellants B. Mark Fong, Jr., and his law firm, Robert A. Harlem, Inc. & Associates.

In January 1988, the matter was tried before a jury which rendered a judgment in favor of defendants. Plaintiff then moved for a new trial or in the alternative for judgment notwithstanding the verdict (JNOV). The motions were based, inter alia, upon allegations of jury…