A Motion for Sanctions is an EFFECTIVE Tool to Defeat

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Published in Community Associations Institute’s May/June 2013 issue of Focus Magazine A lawsuit filed against a homeowners association, even when frivolous and brought in bad faith, can have a devastating effect on an association’s limited funds. When a frivolous or bad faith lawsuit is filed, a homeowners association should consider the use of a motion for sanctions under California’s Code of Civil Procedure (“CCP”) section 128.7. This statute was enacted to protect against abuses of the legal system, and can be a highly effective tool to compel a plaintiff to voluntarily dismiss a lawsuit which…