California Court of Appeal

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Optimal Markets, Inc. v. Salant, H038571

The trial court's order denying defendant's motion for an award of sanctions against plaintiff's attorneys, after confirming an arbitration award in defendants' favor, is affirmed, where: 1) the trial court did not err in concluding that sanctions under Code of Civil Procedure section 128.7 were precluded because plaintiff's attorneys had been substituted after the filing of the complaint in court and after the judicial action had been stayed pending binding arbitration; and therefore, 2) plaintiff's attorneys had not presented to the court any pleadings or arguments, as is required by the applicable statute.

Appellate Information

  • Decided 11/26/2013
  • Published 11/26/2013

Judges

  • MARQUEZ

Court

  • California Court of Appeal

Counsel