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Malovec v. Hamrell3/1/1999
1996) 14 Cal.4th 4, 22.) "But the avoidance of surplusage, while an important principle of statutory construction, is nonetheless subordinate to the overriding purpose of effectuating legislative intent. `Rules such as those directing courts to avoid interpreting legislative enactments as surplusage are mere guides and will not be used to defeat legislative intent. [Citations.] As we have already stressed, the fundamental goal of statutory interpretation is to ascertain and carry out the intent of the Legislature.'" (People v. Townsend (1998) 62 Cal.App.4th 1390, 1399.)
Sanctions Awarded to Dr. Hamrell
The trial court initiated sanctions on its own motion following the grant of summary judgment. It awarded sanctions against Attorney Fagel in favor of Dr. Hamrell. This was unauthorized. Sanctions may consist of non-monetary directives, penalties payable to the court, and, on a party's motion, monetary sanctions payable to the moving party. " he sanction may consist of, or include, directives of a non-monetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney's fees and other expenses incurred as a direct result of the violation." (ยง 128.7, subd. (d).) A monetary sanction imposed after a court motion is limited to a penalty payable to the court and may not include or consist of monetary sanctions payable to a party. (Barber v. Miller (9th Cir. 1998) 146 F.3d 707, 711.) The sanctions award in favor of Dr. Hamrell must be reversed also on this ground.
Conclusion
The safe harbor provisions of section 128.7 prohibit a trial court from initiating sanctions on its own motion following the Conclusion of the case or a dispositive ruling on the challenged pleading. Under section 128.7, a trial court may not award monetary sanctions to a party where the motion is brought on the court's initiative.
DISPOSITION
The sanctions order is reversed. The parties are to bear their own costs on appeal.
CERTIFIED FOR PUBLICATION.
GRIGNON, Acting P.J. We concur: ARMSTRONG, J. GODOY PEREZ, J.
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