Understandably, the Court does not want to be faced
with frivolous motions, or with five motions from both sides.
Not exact matches
Also, the lower court failed to issue a written factual recital of the sanctionable conduct,
with the reference to the prior appellate decision not having any value given that the reviewing panel did not find the prior
motion or appeal
frivolous.
While the Court understands that counsel for the Defendant is a law professor, and that he believes this case serves an important educational function, counsel must also understand that he represents a client in this litigation — a client whose case may well be undermined by the filing of
frivolous motions and the failure to comply
with the Rules.
5 Feb. 13, 2018)(unpublished), County defensed an ex-employee's FEHA harassment / retaliation claims through a summary judgment
motion,
with the trial judge later awarding County fees under Code of Civil Procedure section 1038, which allows trial courts to award public entities the attorney's fees they incur for «unmeritorious and
frivolous» lawsuits if the action was not brought in good faith and
with reasonable cause.
(Part 1: The
Motion), S.C. Law., May 2013, at 54, 54 («After speaking informally
with several state court judges, I realized that they are reluctant to grant summary judgment
motions except in cases in which the claims are almost to the point of being
frivolous.»)
This can mean employing bad faith tactics such as
frivolous motions to drive up the cost of litigation, failing to comply
with orders in a timely manner and, if the party is the defendant, deliberately attempting to delay the action from proceeding to trial.