Rabbit

Summary

In this appeal, we determine that Code of Civil Procedure section 128.5 does not empower the trial court to grant sanctions against a nonparty’s attorney and in favor of that attorney’s nonparty client.

Introduction

Jack Willis (Willis) appeals from an order imposing sanctions pursuant to section 128.5 in favor of Robin Sherry (Sherry). After the trial court denied defendant’s motion for reconsideration, defendant filed a timely notice of appeal.

Facts

Sherry and a coplaintiff (Rabbitt) sued defendants Vincente for personal injuries arising out of an automobile accident. Willis represented Sherry as her attorney in that underlying suit, settled her cause of action, and dismissed her from the complaint. Sherry’s coplaintiff (Rabbitt) continued to pursue the underlying suit.

On May 30, 1985, defendants Vincente served Sherry with a subpoena requiring her appearance at a July 11, 1985, deposition noticed in the underlying personal injury action. Sherry contacted Willis, who represented her in an unrelated matter, and complied with Willis’s instruction to send him the subpoena. In late June, Willis informed Sherry that he wanted to postpone her deposition until…