Gray
M. E. Gray Co. v. Gray
Opinion
Opinion
Sonenshine, J.
Sanctions were assessed against a law firm for the frivolous filing of a motion to dismiss under Code of Civil Procedure section 583, subdivision (b). The trial court found the motion was “totally without legal merit or factual support,” and was filed in bad faith. The sanctioned law firm contends the motion was brought upon its reasonable belief the five-year period had expired when plaintiff failed to file a written waiver ordered by the court as a condition for continuance of trial.
The underlying litigation commenced on April 5, 1978, when a complaint for unfair competition, breach of fiduciary duty and interference with contractual relations was filed on behalf of plaintiff M. E. Gray Co. Named as defendants were Laurence S. Gray, Ronald R. Majerick, G. C. Gloster, Gordon S. Halliday, Metal Fabrication Service, Western Fabrication Co., Inc., and Gray Pipe & Supply, Inc. On May 24, 1978, the law firm of Bewley, Lassleben & Miller (the Bewley firm) filed a cross-complaint on behalf of all defendants for breach of contract and injunctive relief against M. E. Gray Co. and Jenkins Bros. Trial was scheduled for December 6, 1982.