Plaintiff Made A Plausible, Nonfrivolous Argument That The Statute Of Limitations Did Not Bar An Action.
In Kumar v. Ramsey, Case No. C092610 (3d Dist. Nov. 29, 2021) (published), plaintiff was socked with CCP § 128.7 sanctions of $28,882.29 because the lower court believed that the action clearly was time barred under the applicable statute of limitations (SOL). The appellate court saw things differently, believing a plausible, nonfrivolous argument was made as to why the SOL did not bar the action. Given that determination, it was an abuse of discretion to dispense sanctions against plaintiff.