Arbitration/Sanctions: Sixth District Holds CCP 128.7 Sanctions Are Unavailable In Arbitration Where Attorney Has Not “Presented” Pleading To Court

Trial Court’s Order Denying Sanctions Under CCP 128.7 Is Affirmed

     In Optimal Markets, Inc. v. Salant, Case No. H038571 (6th Dist. Nov. 26, 2013) (unpublished), the Court explains:  “There is no authority supporting the position that a superior court, after a matter has been stayed and ordered to binding arbitration, may impose section 128.7 sanctions for an attorney’s prosecution of a client’s meritless claim before the arbitrator.”  Thus, the trial court did not err here, where the matter had been stayed and ordered to binding arbitration, in denying section 128.7 sanctions for matters presented to the arbitrator, but not to the trial court.