Peinado

trial court awarded sanctions for a frivolous summary judgment motion against Charlene Peinado and her attorneys. They appeal, contending the motion was not frivolous and, in any event, they had no opportunity to be heard on the issue. By cross-appeal, Monex International, Ltd., claims the court abused its discretion in failing to award all of its costs incurred in responding to the summary judgment below. In addition, Monex requests sanctions on appeal.

I

Monex sells precious metals, a field Braxx Investments Group, Inc., entered in 1983. At that same time, Monex learned its customers were being solicited by Braxx representatives. In November 1983, Monex filed suit against Braxx, Rita Tanner, Tim Zezula, Charles McLaughlin and Peinado for, inter alia, misappropriation of trade secrets. An injunction issued that month, forbidding the defendants’ use of any Monex customer information.

In 1988, Peinado filed a motion for summary judgment, requesting she be dismissed from the action as she was not a director of Braxx, had no involvement in its operations, and had no knowledge of the misappropriation. Monex opposed the motion and sought sanctions. In reply, defense counsel…