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Rodriguez v. Prommer2/6/2003
of emotional distress was barred by the one-year statute of limitations.
However, because we find that Moses' cause of action may have legal viability, there can be no imposition of sanctions that includes sanctioning Meyer for having included Moses' claims in the complaint. The minute order dated September 5, 2001 shows the trial court's imposition of sanctions included such improper sanctions. Therefore, upon remand of this case, the trial court must re-examine the issue of sanctions and issue an appropriate order thereon.
DISPOSITION
The order of dismissal is reversed as to plaintiff Moses Mirano, and the cause is remanded for further proceedings consistent with the views expressed herein, including appropriate further proceedings on his suit, and reexamination of the section 128.7 sanctions awarded against his attorney. The parties shall bear their own costs on appeal.
Counsel for plaintiff Susan Rodriguez is ordered to serve Ms. Rodriguez with a copy of this opinion. Counsel is further ordered to file, with this court, proof of such service, not later than 15 days of the date this opinion is filed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
We concur:
KLEIN, P.J.
KITCHING, J.
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