CCP § 128.7(b)(2) Represented Litigant Exception Did Not Apply To (b)(1) Sanctions, Resulting In An Upholding Of A $25,013 Sanctions Award Against Losing Trustee.
In Gerald C. Fox Foundation v. Fox, Case No. H053043 (6th Dist. Mar. 23, 2026) (unpublished), CCP § 128.7(b)(1) sanctions were imposed against a trustee who filed a new trust petition after losing a trust petition brought by respondent beneficiaries while that loss was pending on appeal. (The appellate court affirmed the favorable decision for respondent beneficiaries.) The sanctions award was $25,013 under (b)(1). Losing trustee principally argued that he could not be sanctioned because he was a represented party such that the CCP § 128.7(b)(2) exception did not allow for it. The appellate court found differently, because (b)(1) is an independent ground [taking actions for an improper purpose]; and, construing several provisions together (namely, (b)(1), (b)(2), and (d)(1), nothing convinced the reviewing court that the award was not warranted.