Kane

Appellant, Attorney Jonathan B. Cole, appeals from an order requiring him to pay sanctions to the trial court for bad faith actions, pursuant to Code of Civil Procedure section 128.5. Although appellant raises a number of contentions on appeal, we need resolve only one. We conclude section 128.5 sanctions may not be ordered payable to the trial court. We reverse.

Facts and Procedural Background

Attorney William C. Melcher represented the plaintiff in an action against defendants represented by Attorney Jack R. Willis. In the course of the proceedings, the trial court imposed sanctions pursuant to section 128.5 against Attorney Willis in favor of plaintiff and Attorney Melcher. Attorney Willis was unsuccessful in his attempts to have the sanctions order reversed either by the Court of Appeal or the Supreme Court. Thereafter, Attorney Willis, represented by appellant, filed a petition for writ of coram nobis in the trial court seeking to vacate the sanctions order. On behalf of plaintiff, Attorney Melcher opposed the petition. In reply, appellant requested that the trial court take judicial notice of an arbitration award and the arbitrator’s statement of decision in a fee…