Cohen

After earlier affirming the trial court’s order of dismissal in an unpublished opinion, we now consider respondents’ request for imposition of sanctions pursuant to Code of Civil Procedure section 907 and California Rules of Court, rule 26(a). We conclude that the maintenance of this appeal beginning January 10, 1991, was frivolous and, accordingly, impose sanctions against appellant’s counsel.

Procedural Background

Appellants Cohen appealed from an order granting General Motors’ and Dixon Cadillac’s motion for dismissal brought under Code of Civil Procedure sections 583.410 and 583.420 for failure to serve them within two years. In an opinion filed May 31, 1991, this court affirmed the order, finding that the trial court had not abused its discretion in ordering the action dismissed.

This appeal was the second appeal filed by the Cohens arising from the same litigation. In the earlier appeal, we affirmed the trial court’s granting a similar motion to dismiss as to defendant Dietz Towing. That opinion was filed on January 10, 1991, case No. E007270.

On July 1, 1991, respondents Dixon Cadillac Company and General Motors Corporation filed a request for issuance of an…