Legal Question in Civil Litigation in California

What statutory code can I use to impose a court sanction against a lawyer for making a false pleading to the superior civil court, which has injured my reputation?


Asked on 1/08/11, 8:34 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

None.

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Answered on 1/14/11, 1:20 pm

Pleadings filed in court are completely privileged from any action. If a pleading is frivolous or filed in bad faith, you may be able to obtain sanctions, but only after you prove that the entire filing was without merit and in bad faith. The mere presence of untrue allegations cannot be the basis for sanctions.

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Answered on 1/14/11, 5:12 pm
Anthony Roach Law Office of Anthony A. Roach

Mr. McCormick is right. You have to litigate the action, and if it did not have merit, you can sue for malicious prosecution, and abuse of process.

The current sanction authority in California that remotely approaches what you are looking for is Code of Civil Procedure section 128.7. I suggest familiarizing yourself with that statute. You can find a copy of it here:

http://law.onecle.com/california/civil-procedure/128.7.html

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Answered on 1/14/11, 7:56 pm


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