Banks
Thomas Banks v. Hathaway, Perrett, Webster, Power & Chrisman
Opinion
Opinion
Yegan, J.
James C. Van Trees III and his attorneys, Hathaway, Perrett, Webster, Powers & Chrisman and Greg W. Jones (collectively Van Trees), appeal from an order vacating an award for sanctions. The trial court ruled that it lacked jurisdiction to award sanctions pursuant to Code of Civil Procedure section 128.7 after a demurrer was sustained without leave to amend, but before entry of judgment. We reverse.
Facts and Procedural History
On April 21, 2000, Thomas Banks and TB Properties (Banks) sued Van Trees for abuse of process, malicious prosecution and infliction of emotional distress. The complaint alleged that Van Trees wrongfully levied on a judgment after Banks satisfied a prior judgment in full.
On June 1, 2000, Van Trees served a motion to dismiss the action as frivolous and for monetary sanctions. The motion was based on section 128.7, subdivision (c)(1), which required that Van Trees wait 30 days before filing the motion with the trial court.
Van Trees also demurred to the complaint. The hearing on the demurrer was continued at Banks’s request and taken off calendar after Banks filed a first amended complaint.