Yarnell & Associates v. Superior Court

This petition challenges the denial of a motion to quash service upon petitioner and the granting of $250 in sanctions against pe titioner for filing a frivolous motion. We have concluded that the motion to quash service was properly denied, but that the trial court was without authority to award sanctions against petitioner. We therefore grant a peremptory writ of mandate directing the trial court to vacate its award of sanctions.

The challenged orders were made in connection with a lawsuit involving construction of the “Albany Hills” residential community complex. The action began when Western Waterproofing Company, Inc., a subcontractor, filed a mechanics lien action against the owner-developer, Interstate Albany Corporation. Shortly before the trial date the owner-developer sought a continuance of the trial date in order to cross-complain against the general contractor Williams & Burrows, Inc. Plaintiff became concerned about the delay which might occur if the general contractor sought to cross-complain against others for indemnity, and as a result, the court ordered that the general contractor serve any cross-complaints no later than November 22, 1979.

The general…