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· 2/8/2001

David M. Fink v. James H. Gomez, Director, Diana Carloni Nourse

Citations

  • 239 F.3d 989
  • 2001 Daily Journal DAR 1513
  • 2001 Cal. Daily Op. Serv. 1159
  • 2001 U.S. App. LEXIS 1804
  • 2000 WL 33156291

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that reckless misstatements of law or fact made in an attempt to influence or manipulate proceedings to gain a tactical advantage are sanctionable
  • holding that sanctions are available under the court’s inherent authority “if the court specifically finds bad faith or conduct tantamount to bad faith”
  • holding that “reckless misstatements of law 3 and fact, when coupled with an improper purpose . . . are 4 sanctionable under a court's inherent power.”
  • holding that “an attorney’s reckless misstatements of law and fact” are “sanctionable under a court’s inherent power,” when coupled with “an additional factor such as frivolousness, harassment, or an improper purpose”
  • noting that “mere recklessness, without more, does not justify sanctions under a court’s inherent power”
  • noting that under 7 § 1927 “sanctions are available if the court specifically finds bad faith or conduct 8 tantamount to bad faith”

Source: CourtListener parenthetical corpus (CC0).

Judges: Canby, McKEOWN, Paez

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.