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FINK v. GOMEZ

No. 99-56139.

239 F.3d 989 (2001)

David M. FINK, Petitioner-Appellant, v. James H. GOMEZ, Director, Respondent-Appellee, Diana Carloni Nourse, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2001.

Attorney(s) appearing for the Case

Stephen G. Perry, Woodland Hills, California, for appellant David M. Fink.

David T. Dibiase (argued), Anderson, McPharlin & Conners LLP, Los Angeles, California; Richard R. Clouse and E. Sean Archer, Cihigoyenetche, Grossberg & Clouse, Ontario, California, for appellee Diana Carloni Nourse.

Before: WILLIAM C. CANBY, JR., M. MARGARET MCKEOWN, and RICHARD A. PAEZ, Circuit Judges.

Argued and Submitted November 13, 2000, Pasadena, California

McKEOWN, Circuit Judge:

We must decide whether, as a matter of law, a district court has authority under its inherent power to impose sanctions when an attorney has made reckless misstatements of law and fact, and has done so for an improper purpose. We conclude that it does have the authority and thus reverse and remand so that the district court may exercise its discretion to determine whether...

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