Also, Lower Court Failed To Explain Basis For Sanctions.
If you are going to seek sanctions under CCP section 128.7, you must not only show the actions were frivolous but also make sure the lower court explains why they are frivolous. Because both of these important requirements were not met, a reversal of a sanctions award of $15,982 was necessitated in Samoa Pacific Group, LLC v. Crandall, Case No. A143172 (1st Dist., Div. 5 Nov. 25, 2015) (unpublished).
There, plaintiff did lose a writ petition challenging solid waste disposal requirements. The lower court dismissed the writ petition and imposed $15,982 in attorney’s fees and costs, without any express reasoning, under the theory the petition was frivolous. CCP § 128.7 was the articulated ground for sanctions. On appeal, the reviewing court reversed, finding that the arguments made by plaintiff were not frivolous (although they did not win on the merits) and that the lower court did not particularize the reasons for sanctions as required under section 128.7. Imposition of sanctions reversed.