What is the impact of Rule 11 sanctions if a pleading or pleading is frivolous, legally unreasonable or without factual foundation?
MultiRegion, United States of America
The following excerpt is from Community Elec. Service of Los Angeles, Inc. v. National Elec. Contractors Ass'n, Inc., 869 F.2d 1235 (9th Cir. 1989):
This language requires us to evaluate the pleading or paper filed as a whole. See Zaldivar v. City of Los Angeles, 780 F.2d 823, 831 (9th Cir.1986) ("Rule 11 sanctions shall be assessed if the paper filed in district court and signed by an attorney ... is frivolous, legally unreasonable, or without factual foundation....") (emphasis supplied).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff plead to make an amended complaint complete without referring to a prior pleading? (MultiRegion, United States of America)
In addition to the fact that a prior pleading cannot be referred to in a second pleading, is plaintiff's second pleading complete? (MultiRegion, United States of America)
What is the test for determining whether a frivolous or factually baseless complaint is frivolous? (MultiRegion, United States of America)
What is the legal basis for a defendant to plead that they were misled in their defence? (MultiRegion, United States of America)
Is a pleading based on reliance on the whole of the patents listed adequate pleading? (Canada (Federal), Canada)
What is the test for dismissing a claim as factually frivolous? (MultiRegion, United States of America)
How have the courts treated a plaintiff's pleading in pleading in favour of the pro se litigant? (MultiRegion, United States of America)
Is a search or seizure carried out on a suspect's premises without a warrant per se unreasonable? (MultiRegion, United States of America)
What is the test for a decision maker to exercise administrative powers without the proper legal authority? (Canada (Federal), Canada)
Is it poor and improper pleading when a litigant admits or denies a fact in a pleading but couples the conclusion of law or extraneous comments? (Canada (Federal), Canada)
