Legal Question in Real Estate Law in California
Fraud upon court can stop opposing party prior to decision and sanction the offending party?
Asked on 4/10/16, 8:08 am
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Fraud on the court is grounds for sanctions against the offending party. The court has considerable latitude in determining the nature and severity of the sanctions, which often are monetary but may include dismissal, see Stephen Slesinger, Inc. v. Walt Disney Co. (2007) 155 Cal.App.4th 736 at page 761. Sometimes, when the fraud is committed by an attorney without his client's active involvement or encouragement, the court will design the sanctions to apply to the attorney only, and not the client or his overall case.
Answered on 4/10/16, 12:28 pm
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