Legal Question in Civil Litigation in California

small claims judgment

please explane what

Request for santions is denied' upon weighting the factors enumerated in code of civil procedure section 116.790.

;''Request for sanctions is denied upon weighingthe


Asked on 12/07/01, 4:37 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: small claims judgment

Here's what the code section that you cited states:

116.790. If the superior court finds that the appeal was without

substantial merit and not based on good faith, but was intended to

harass or delay the other party, or to encourage the other party to

abandon the claim, the court may award the other party (a) attorney'

s fees actually and reasonably incurred in connection with the

appeal, not exceeding one thousand dollars ($1,000), and (b) any

actual loss of earnings and any expenses of transportation and

lodging actually and reasonably incurred in connection with the

appeal, not exceeding one thousand dollars ($1,000), following a

hearing on the matter.

Perhaps you appealed a small claims judgment and requested sanctions?

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Answered on 12/07/01, 5:25 pm


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