2009 California Code of Civil Procedure - Section 128-129 :: Article 2. Incidental Powers And Duties Of Courts

128.  (a) Every court shall have the power to do all of the
following:
   (1) To preserve and enforce order in its immediate presence.
   (2) To enforce order in the proceedings before it, or before a
person or persons empowered to conduct a judicial investigation under
its authority.
   (3) To provide for the orderly conduct of proceedings before it,
or its officers.
   (4) To compel obedience to its judgments, orders, and process, and
to the orders of a judge out of court, in an action or proceeding
pending therein.
   (5) To control in furtherance of justice, the conduct of its
ministerial officers, and of all other persons in any manner
connected with a judicial proceeding before it, in every matter
pertaining thereto.
   (6) To compel the attendance of persons to testify in an action or
proceeding pending therein, in the cases and manner provided in this
code.
   (7) To administer oaths in an action or proceeding pending
therein, and in all other cases where it may be necessary in the
exercise of its powers and duties.
   (8) To amend and control its process and orders so as to make them
conform to law and justice. An appellate court shall not reverse or
vacate a duly entered judgment upon an agreement or stipulation of
the parties unless the court finds both of the following:
   (A) There is no reasonable possibility that the interests of
nonparties or the public will be adversely affected by the reversal.
   (B) The reasons of the parties for requesting reversal outweigh
the erosion of public trust that may result from the nullification of
a judgment and the risk that the availability of stipulated reversal
will reduce the incentive for pretrial settlement.
   (b) Notwithstanding Section 1211 or any other law, if an order of
contempt is made affecting an attorney, his or her agent,
investigator, or any person acting under the attorney's direction, in
the preparation and conduct of any action or proceeding, the
execution of any sentence shall be stayed pending the filing within
three judicial days of a petition for extraordinary relief testing
the lawfulness of the court's order, the violation of which is the
basis of the contempt except for the conduct as may be proscribed by
subdivision (b) of Section 6068 of the Business and Professions Code,
relating to an attorney's duty to maintain respect due to the courts
and judicial officers.
   (c) Notwithstanding Section 1211 or any other law, if an order of
contempt is made affecting a public safety employee acting within the
scope of employment for reason of the employee's failure to comply
with a duly issued subpoena or subpoena duces tecum, the execution of
any sentence shall be stayed pending the filing within three
judicial days of a petition for extraordinary relief testing the
lawfulness of the court's order, a violation of which is the basis
for the contempt.
   As used in this subdivision, "public safety employee" includes any
peace officer, firefighter, paramedic, or any other employee of a
public law enforcement agency whose duty is either to maintain
official records or to analyze or present evidence for investigative
or prosecutorial purposes.
   (d) Notwithstanding Section 1211 or any other law, if an order of
contempt is made affecting the victim of a sexual assault, where the
contempt consists of refusing to testify concerning that sexual
assault, the execution of any sentence shall be stayed pending the
filing within three judicial days of a petition for extraordinary
relief testing the lawfulness of the court's order, a violation of
which is the basis for the contempt.
   As used in this subdivision, "sexual assault" means any act made
punishable by Section 261, 262, 264.1, 285, 286, 288, 288a, or 289 of
the Penal Code.
   (e) Notwithstanding Section 1211 or any other law, if an order of
contempt is made affecting the victim of domestic violence, where the
contempt consists of refusing to testify concerning that domestic
violence, the execution of any sentence shall be stayed pending the
filing within three judicial days of a petition for extraordinary
relief testing the lawfulness of the court's order, a violation of
which is the basis for the contempt.
   As used in this subdivision, the term "domestic violence" means
"domestic violence" as defined in Section 6211 of the Family Code.
   (f) Notwithstanding Section 1211 or any other provision of law, no
order of contempt shall be made affecting a county government or any
member of its governing body acting pursuant to its constitutional
or statutory authority unless the court finds, based on a review of
evidence presented at a hearing conducted for this purpose, that
either of the following conditions exist:
   (1) That the county has the resources necessary to comply with the
order of the court.
   (2) That the county has the authority, without recourse to voter
approval or without incurring additional indebtedness, to generate
the additional resources necessary to comply with the order of the
court, that compliance with the order of the court will not expose
the county, any member of its governing body, or any other county
officer to liability for failure to perform other constitutional or
statutory duties, and that compliance with the order of the court
will not deprive the county of resources necessary for its reasonable
support and maintenance.

128.5.  (a) Every trial court may order a party, the party's
attorney, or both to pay any reasonable expenses, including attorney'
s fees, incurred by another party as a result of bad-faith actions or
tactics that are frivolous or solely intended to cause unnecessary
delay. This section also applies to judicial arbitration proceedings
under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of
Part 3.
   (b) For purposes of this section:
   (1) "Actions or tactics" include, but are not limited to, the
making or opposing of motions or the filing and service of a
complaint or cross-complaint only if the actions or tactics arise
from a complaint filed, or a proceeding initiated, on or before
December 31, 1994. The mere filing of a complaint without service
thereof on an opposing party does not constitute "actions or tactics"
for purposes of this section.
   (2) "Frivolous" means (A) totally and completely without merit or
(B) for the sole purpose of harassing an opposing party.
   (c) Expenses pursuant to this section shall not be imposed except
on notice contained in a party's moving or responding papers; or the
court's own motion, after notice and opportunity to be heard. An
order imposing expenses shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.
   (d) In addition to any award pursuant to this section for conduct
described in subdivision (a), the court may assess punitive damages
against the plaintiff upon a determination by the court that the
plaintiff's action was an action maintained by a person convicted of
a felony against the person's victim, or the victim's heirs,
relatives, estate, or personal representative, for injuries arising
from the acts for which the person was convicted of a felony, and
that the plaintiff is guilty of fraud, oppression, or malice in
maintaining the action.
   (e) The liability imposed by this section is in addition to any
other liability imposed by law for acts or omissions within the
purview of this section.

128.6.  (a) Every trial court may order a party, the party's
attorney, or both to pay any reasonable expenses, including attorney'
s fees, incurred by another party as a result of bad-faith actions or
tactics that are frivolous or solely intended to cause unnecessary
delay. This section also applies to judicial arbitration proceedings
under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of
Part 3.
   (b) For purposes of this section:
   (1) "Actions or tactics" include, but are not limited to, the
making or opposing of motions or the filing and service of a
complaint or cross-complaint. The mere filing of a complaint without
service thereof on an opposing party does not constitute "actions or
tactics" for purposes of this section.
   (2) "Frivolous" means (A) totally and completely without merit or
(B) for the sole purpose of harassing an opposing party.
   (c) Expenses pursuant to this section shall not be imposed except
on notice contained in a party's moving or responding papers; or the
court's own motion, after notice and opportunity to be heard. An
order imposing expenses shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.
   (d) In addition to any award pursuant to this section for conduct
described in subdivision (a), the court may assess punitive damages
against the plaintiff upon a determination by the court that the
plaintiff's action was an action maintained by a person convicted of
a felony against the person's victim, or the victim's heirs,
relatives, estate, or personal representative, for injuries arising
from the acts for which the person was convicted of a felony, and
that the plaintiff is guilty of fraud, oppression, or malice in
maintaining the action.
   (e) The liability imposed by this section is in addition to any
other liability imposed by law for acts or omissions within the
purview of this section.
   (f) This section shall become operative on January 1, 2003, unless
a statute that becomes effective on or before this date extends or
deletes the repeal date of Section 128.7.

128.7.  (a) Every pleading, petition, written notice of motion, or
other similar paper shall be signed by at least one attorney of
record in the attorney's individual name, or, if the party is not
represented by an attorney, shall be signed by the party. Each paper
shall state the signer's address and telephone number, if any. Except
when otherwise provided by law, pleadings need not be verified or
accompanied by affidavit. An unsigned paper shall be stricken unless
omission of the signature is corrected promptly after being called to
the attention of the attorney or party.
   (b) By presenting to the court, whether by signing, filing,
submitting, or later advocating, a pleading, petition, written notice
of motion, or other similar paper, an attorney or unrepresented
party is certifying that to the best of the person's knowledge,
information, and belief, formed after an inquiry reasonable under the
circumstances, all of the following conditions are met:
   (1) It is not being presented primarily for an improper purpose,
such as to harass or to cause unnecessary delay or needless increase
in the cost of litigation.
   (2) The claims, defenses, and other legal contentions therein are
warranted by existing law or by a nonfrivolous argument for the
extension, modification, or reversal of existing law or the
establishment of new law.
   (3) The allegations and other factual contentions have evidentiary
support or, if specifically so identified, are likely to have
evidentiary support after a reasonable opportunity for further
investigation or discovery.
   (4) The denials of factual contentions are warranted on the
evidence or, if specifically so identified, are reasonably based on a
lack of information or belief.
   (c) If, after notice and a reasonable opportunity to respond, the
court determines that subdivision (b) has been violated, the court
may, subject to the conditions stated below, impose an appropriate
sanction upon the attorneys, law firms, or parties that have violated
subdivision (b) or are responsible for the violation. In determining
what sanctions, if any, should be ordered, the court shall consider
whether a party seeking sanctions has exercised due diligence.
   (1) A motion for sanctions under this section shall be made
separately from other motions or requests and shall describe the
specific conduct alleged to violate subdivision (b). Notice of motion
shall be served as provided in Section 1010, but shall not be filed
with or presented to the court unless, within 21 days after service
of the motion, or any other period as the court may prescribe, the
challenged paper, claim, defense, contention, allegation, or denial
is not withdrawn or appropriately corrected. If warranted, the court
may award to the party prevailing on the motion the reasonable
expenses and attorney's fees incurred in presenting or opposing the
motion. Absent exceptional circumstances, a law firm shall be held
jointly responsible for violations committed by its partners,
associates, and employees.
   (2) On its own motion, the court may enter an order describing the
specific conduct that appears to violate subdivision (b) and
directing an attorney, law firm, or party to show cause why it has
not violated subdivision (b), unless, within 21 days of service of
the order to show cause, the challenged paper, claim, defense,
contention, allegation, or denial is withdrawn or appropriately
corrected.
   (d) A sanction imposed for violation of subdivision (b) shall be
limited to what is sufficient to deter repetition of this conduct or
comparable conduct by others similarly situated. Subject to the
limitations in paragraphs (1) and (2), the sanction may consist of,
or include, directives of a nonmonetary nature, an order to pay a
penalty into court, or, if imposed on motion and warranted for
effective deterrence, an order directing payment to the movant of
some or all of the reasonable attorney's fees and other expenses
incurred as a direct result of the violation.
   (1) Monetary sanctions may not be awarded against a represented
party for a violation of paragraph (2) of subdivision (b).
   (2) Monetary sanctions may not be awarded on the court's motion
unless the court issues its order to show cause before a voluntary
dismissal or settlement of the claims made by or against the party
that is, or whose attorneys are, to be sanctioned.
   (e) When imposing sanctions, the court shall describe the conduct
determined to constitute a violation of this section and explain the
basis for the sanction imposed.
   (f) In addition to any award pursuant to this section for conduct
described in subdivision (b), the court may assess punitive damages
against the plaintiff upon a determination by the court that the
plaintiff's action was an action maintained by a person convicted of
a felony against the person's victim, or the victim's heirs,
relatives, estate, or personal representative, for injuries arising
from the acts for which the person was convicted of a felony, and
that the plaintiff is guilty of fraud, oppression, or malice in
maintaining the action.
   (g) This section shall not apply to disclosures and discovery
requests, responses, objections, and motions.
   (h) A motion for sanctions brought by a party or a party's
attorney primarily for an improper purpose, such as to harass or to
cause unnecessary delay or needless increase in the cost of
litigation, shall itself be subject to a motion for sanctions. It is
the intent of the Legislature that courts shall vigorously use its
sanctions authority to deter that improper conduct or comparable
conduct by others similarly situated.
   (i) This section shall apply to a complaint or petition filed on
or after January 1, 1995, and any other pleading, written notice of
motion, or other similar paper filed in that matter.

129.  Notwithstanding any other provision of law, no copy,
reproduction, or facsimile of any kind shall be made of any
photograph, negative, or print, including instant photographs and
video recordings, of the body, or any portion of the body, of a
deceased person, taken by or for the coroner at the scene of death or
in the course of a post mortem examination or autopsy made by or
caused to be made by the coroner, except for use in a criminal action
or proceeding in this state that relates to the death of that
person, or except as a court of this state permits, by order after
good cause has been shown and after written notification of the
request for the court order has been served, at least five days
before the order is made, upon the district attorney of the county in
which the post mortem examination or autopsy has been made or caused
to be made.
   This section shall not apply to the making of such a copy,
reproduction, or facsimile for use in the field of forensic
pathology, for use in medical or scientific education or research, or
for use by any law enforcement agency in this or any other state or
the United States.
   This section shall apply to any such copy, reproduction, or
facsimile, and to any such photograph, negative, or print, heretofore
or hereafter made.