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
1 Answer from Attorneys
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?