Salstrom

Salstrom v. Citicorp Credit Services, Inc.

Good Law
74 F.3d 183·96 Daily Journal DAR 565·1996 WL 14233·33 Fed. R. Serv. 3d 1351·1996 U.S. App. LEXIS 472
United States Court of Appeals for the Ninth CircuitJanuary 17, 1996Nos. 94-35816, 94-35849California880 words

Opinion

Lead Opinion

Rymer, J.

Gregory Lamont Gudger and Dean Browning Webb appeal the district court’s order imposing monetary sanctions under 28 U.S.C. § 1927 and nonmonetary sanctions under the court’s inherent power. Their primary argument is that denial of Rule 11 sanctions forecloses sanctions under § 1927. We disagree, and affirm.

I

Gudger and Webb contend that because the district court declined to impose sanctions under Fed.R.Civ.P. 11, the court is precluded from imposing sanctions under 28 U.S.C. § 1927 . This argument fails because a court’s findings under Rule 11 have no legally binding effect upon that court’s subsequent ability to impose sanctions under § 1927. See Zaldivar v. City of Los Angeles, 780 F.2d 828, 880 (9th Cir.1986) (Rule 11 “does not repeal or modify existing authority of federal courts to deal with abuses of counsel under 28 U.S.C. § 1927”), abrogated on other grounds in Cooter & Gell v. Hartmarx Corp., 496 U.S. 384 , 110 S.Ct. 2447 , 110 L.Ed.2d 359 (1990).

Gudger and Webb direct us to N.AAC.P. — Special Contribution Fund v. Atkins, 908 F.2d 336 (8th Cir.1990), in which the Eighth Circuit stated that while Rule 11 requires only a finding of objectively unreasonable behavior,…

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