McFarland v. City of Sausalito

Opinion

PETERSON, J.

Lindsay Mickles appeals from an order of the Marin County Superior Court, claiming the trial court abused its discretion when it imposed sanctions against him and his attorneys. We disagree and affirm.

I. Factual and Procedural Background

In September 1986, respondent Craig T. McFarland filed a petition for a writ of mandate against the City of Sausalito. Essentially, respondent sought to vacate a stop-work order the city had issued against his construction of a residence. Appellant, who owned real property near respondent’s property, was granted leave to file a complaint-in-intervention in the action. In March 1987, respondent’s petition for a writ of mandate was denied, although the court retained jurisdiction to take further action on the petition if appropriate.

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In August 1987, the trial court sustained respondent’s demurrer to appellant’s complaint-in-intervention without leave to amend. Appellant appealed this order. While the appeal was pending, respondent renewed his petition for a writ of mandate. Although appellant’s complaint-in-intervention had been dismissed, he filed two declarations and a memorandum of points and authorities in opposition to respondent’s renewed petition. Appellant’s memorandum and declarations were stricken by the court at respondent’s request.

Respondent then moved for an award of sanctions pursuant to Code of Civil Procedure section 128.5.

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He asked the court to compensate him for the attorney fees he incurred in striking appellant’s pleadings because appellant had no right to appear in the action. After a hearing, the court imposed sanctions of $1,000 against appellant and his attorneys.

On February 8, 1989, appellant filed the present appeal from the court’s order awarding sanctions. On February 15, 1989, this court issued an unpublished opinion affirming the court’s order dismissing appellant’s complaint-in-intervention.