Lawrence Lauser v. City College of San Francisco

Good Law
359 F. App'x 755
United States Court of Appeals for the Ninth CircuitNovember 17, 200908-16562California1,259 words

Opinion

Opinion

MEMORANDUM

Lawrence C. Lauser and his attorney, Frank P. Sarro, (“plaintiffs”) appeal the district court’s imposition of sanctions under Rule 11 of the Federal Rules of Civil Procedure in an action against the City College of San Francisco (“College”), the San Francisco Building and Construction Trade Council Unions, and the United Brotherhood of Carpenters and Joiners of America Local Union No. 22 (“Unions”). Plaintiffs filed a complaint in district court arguing that the College and Unions violated the National Labor Relations Act (“NLRA”) and Labor Management Relations Act (“LMRA”). Plaintiffs alleged that the College wrongfully terminated Lauser and the Unions violated a collective bargaining agreement by failing to represent him in an action against the College. Opposing counsel informed plaintiffs that the claims were unwarranted by existing law, provided specific legal authority, and requested that they withdraw the complaint or be subject to a Rule 11 motion for sanctions. Plaintiffs continued to pursue the suit. The College and Unions moved for dismissal of the complaint and sanctions under Rule 11. The district court dismissed the complaint and imposed sanctions in the…

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