Settle v. State of California
Annotate this CaseThe trial court ordered plaintiff and her attorney to pay attorney's fees and costs under Code of Civil Procedure 1038. The attorney appealed. The court held that section 128.7 provides for attorney fees sanctions against an attorney; the Attorney General here elected not to seek section 128.7 relief; and, unless and until the Legislature amends section 1038 to authorize an award of "sanctions" against counsel, defense costs and fees may not be imposed against counsel pursuant thereto. Therefore, the award against the attorney is reversed and the attorney is awarded costs on appeal.
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