Malovec

J.After granting defendant’s motion for summary judgment, the trial court on its own motion ordered plaintiff’s attorney to show cause why sanctions pursuant to Code of Civil Procedure section 128.7 should not be imposed for the filing and pursuit of the complaint. Plaintiff filed a voluntary dismissal with prejudice of the complaint. After a hearing, the trial court imposed monetary sanctions against plaintiff’s attorney in favor of defendant and the county. We conclude: (1) a trial court may not initiate section 128.7 sanctions against a plaintiff for filing and pursuing a complaint after it has granted a defendant’s motion for summary judgment; and (2) a trial court may not award section 128.7 monetary sanctions to an opposing party on its own motion. We reverse.

Facts and Procedural background

Appellant Attorney Bruce G. Fagel represented minor Justin Malovec and his mother in a medical malpractice action against defendant and respondent Charles Hamrell, M.D. The action arose out of injuries Justin suffered during his birth. Dr. Hamrell was the chief of obstetrics at the hospital where Justin had been bom. The Malovecs had previously brought against and settled with…