CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Sanctions
3 Cards On This Topic:

CCP 128.5(a) does not authorize trial courts to impose sanctions for any form of litigation misconduct arising from complaint filed, or proceeding initiated after 12/31/94; CCP 128.7 applies to later cases.

Trial court properly dismissed with prejudice client's PI complaint during jury trial as a sanction for her attorney's repeated violations of its orders excluding hearsay and opinion testimony.

Court cannot make attorney pay sanctions and client's share of referee's fees under Code Civ. Proc. §128 or inherent powers of court; monetary sanctions only based on CCP §128.5 or 128.7.