Levy

This appeal challenges a trial court’s $25,992 sanctions award under Code of Civil Procedure section 128.5 against Gerald H. Blum (Blum) and his attorney, Gibson, Dunn & Crutcher LLP (Gibson) (collectively appellants), in favor of Joseph W. Levy (Levy), Bret Levy, Felicia Weston, and Jody Schlesinger (the Levy children) (collectively respondents).

After granting respondents’ motion to enforce a settlement agreement that the parties had reached after a full day of negotiations, and which an attorney from Gibson had explicitly entered into the record before the trial court nearly nine months earlier, the trial court found that appellants’ action of taking a position in “total disregard of the clear, unambiguous terms of the in-court settlement agreement” was frivolous and in bad faith. Appellants seek reversal, contending the trial court erred in finding (1) section 128.5, not section 128.7, was the applicable sanctions statute, (2) their actions were frivolous, and (3) the attorney fees and expenses sought were incurred as a result of their sanctionable conduct. Appellants further contend the trial court erred in awarding sanctions against Gibson personally, as well as…