Kunimoto
Kunimoto v. Fidell
Opinion
Lead Opinion
MEMORANDUM *
The question before us on appeal is whether the district court judge abused its discretion in either the awarding of or the amount of Rule 11 sanctions. Because the parties are familiar with the facts of the case, we will not restate them here.
The Complaint
“Federal Rule of Civil Procedure 11 provides for the imposition of sanctions when a filing is frivolous, legally unreasonable, or without factual foundation, or is brought for an improper purpose.” Estate of Blue v. County of Los Angeles, 120 F.3d 982, 985 (9th Cir.1997). The district court found the complaint that appellants’ filed on behalf of the Kunimotos to be both frivolous and “for the improper purpose of harassing and pressuring the Defendants to settle other pending litigation.”
“Frivolous filings are those that are both baseless and made without a reasonable and competent inquiry.” Buster v. Greisen, 104 F.3d 1186, 1190 (9th Cir.1997) (quotation marks omitted). Not all of a complaint’s claims must be frivolous for Rule 11 sanctions to be appropriate. Townsend v. Holman Consulting Corp., 929 F.2d 1358, 1363 (9th Cir.1991) (en banc).