Can a party be ordered to pay expenses incurred by another party as a result of bad faith or frivolous actions?
California, United States of America
The following excerpt is from Duenas v. Mar, B219112, No. KC054047 (Cal. App. 2010):
5. Code of Civil Procedure section 128.5 permits a trial court to order a party to pay expenses incurred by another party as a result of bad faith or frivolous actions. The trial court noted that section 128.5 was recognized as repealed by implication in Clark v. Optical Coating Laboratory, Inc. (2008) 165 Cal.App.4th 150, 164 ["Section 128.5 has no application to cases filed on or after January 1, 1995"].)
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