Garcia

Plaintiffs appeal from an order directing them to pay $150 for attorney’s fees and costs to defendants pursuant to Code of Civil Procedure section 128.5. We reverse the order because the record does not support imposition of sanctions under that section and the judge failed to provide a detailed recital of the justifying circumstances as required by statute.

Procedural History

California Rural Legal Assistance filed a complaint on behalf of plaintiffs, residents of farmworkers’ rental housing, alleging that the premises were unsanitary, unsafe, and dilapidated in numerous respects and seeking various relief. One of the defendants filed a verified answer. Portions of the answer arguably conflicted with the defendant’s earlier sworn deposition testimony.

Plaintiffs’ counsel noticed a motion to strike certain portions of the answer on the ground of falsity pursuant to sections 436 and 437 because of those contradictions. Plaintiffs also moved for leave to file the transcript of defendant’s deposition pursuant to section 2019, subdivision (f)(1). Section 2019, subdivision (f)(1) provides in pertinent part: “Depositions shall not be filed unless and until their contents…