Eichenbaum

Eichenbaum v. Alon

Good Law
106 Cal. App. 4th 967·131 Cal. Rptr. 2d 296·2003 Cal. App. LEXIS 318·2003 Daily Journal DAR 2512·2003 Cal. Daily Op. Serv. 1928
Court of Appeal of CaliforniaMarch 4, 2003B158073California3,525 words

Opinion

Opinion

Cooper, J.

this appeal from an order imposing sanctions under Code of Civil Procedure section 128.7 (undesignated section references are to that code), we hold that plaintiff s voluntary dismissal of his action with prejudice, after defendant’s motion for sanctions had been filed and taken under submission, did not deprive the trial court of authority to grant the motion and impose sanctions on plaintiff and his attorneys (appellants), for presenting an improper amended complaint. Because the sanctions order was both authorized and not an abuse of discretion, we affirm it.

Facts

Plaintiff, Yossi Eichenbaum, filed his first amended complaint in the underlying action against the Alon-Eichenbaum Limited Partnership (partnership) and Barry Alon, who with plaintiff had been a general partner in the partnership upon its formation in 1986. As here relevant, the first amended complaint alleged that Barry Alon had transferred his 40 percent general partner’s interest to plaintiff in 1992, but in 1998 had disclaimed the transfer, on grounds that it had not been approved by a majority of the partnership, as the partnership agreement allegedly required, and that a critical document reflecting…

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