Williams v. Safire CA1/5

BACKGROUND

In April 2005, appellants filed an action for professional negligence against respondents, and the case was ordered to arbitration. The parties proceeded to arbitration, and the arbitrator issued an award in respondents’ favor on May 8, 2008. The superior court later vacated the arbitration award and ordered a rehearing in arbitration. Appellant filed a notice of appeal purporting to appeal from the superior court’s statement of decision ordering the parties back to arbitration. Respondents moved to dismiss the appeal on the ground that it was taken from a nonappealable order. Respondents also

1 moved for sanctions against appellant on the ground that the appeal was frivolous (Cal. Rules of Court, rule 8.276(a)(1)),1 seeking their attorney fees in preparing these motions, as well as their costs in designating the record, specifically, $2,275 for preparation of reporter’s transcripts. On November 10, 2010, this court granted respondents’ motion to dismiss the appeal, but denied their motion for sanctions. (See Williams v. Safire (Nov. 10, 2010, A129600) (hereafter A129600).) On January 12, 2011, the remittitur issued, indicating that respondents were entitled to…