In Re Marriage of Adams

This appeal stems from a court order directing appellant to pay sanctions pursuant to Code of Civil Procedure section 128.5. The issue is whether trial courts may award Code of Civil Procedure section 128.5 sanctions to a party whose attorney represents her on a contingency basis. We hold they may and affirm the trial court’s imposition of sanctions.

Facts and Proceedings Below

The respondent, Arline Adams (Ms. Adams), filed a notice of renewal of judgment against her ex-husband, petitioner Brian R. Adams (Mr. Adams), for unpaid spousal support. On August 2, 1994, Ms. Adams served an order for examination of judgment debtor and a subpoena duces tecum on Mr. Adams with the examination and production of documents set for August 24, 1994. However, on August 22, 1994, Mr. Adams’s wife had taken ill so his attorney, appellant Daniel A. Bergman, telephoned Ms. Adams’s attorney, Joel Adler, and requested a continuance of the examination.

To save Adler a trip from San Francisco, Bergman offered to appear in front of the commissioner for the purpose of continuing the examination. Appellant and Ms. Adams differ whether the agreement to continue the examination included the…