Sacramento County Department of Health & Human Services v. Leslie B.

“Code of Civil Procedure section 128.7 provides that the filing of a pleading certifies that, to the attorney or unrepresented party’s ‘knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,-’ the pleading is not being presented ‘primarily for an improper purpose,’ the claims, defenses and other legal contentions therein are ‘warranted,’ and the allegations and other factual contentions ‘have evidentiary support.’ (Id.., subd. (b),) If these standards are violated, the court can impose an appropriate sanction sufficient to deter future misconduct, including a monetary sanction. (Id., subds. (c), (d).)” (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 575 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ].) 1

*65 This appeal raises three questions under Code of Civil Procedure section 128.7 (section 128.7): (1) May a juvenile court hearing a dependency case (Welf. & Inst. Code, § 300) lawfully impose sanctions under section 128.7? (2) May a juvenile court referee lawfully do so? (3) If lawfully made, was the sanctions order justified on the record in this case?

For reasons that follow, in the published portion of the…