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DANA COMMERCIAL CREDIT v. FERNS & FERNS

No. B133453.

108 Cal.Rptr.2d 278 (2001)

90 Cal.App.4th 142

DANA COMMERCIAL CREDIT CORPORATION, Plaintiff and Respondent, v. FERNS & FERNS et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Three.

June 27, 2001.

Attorney(s) appearing for the Case

Ferns, Adams & Associates, Barry Ferns, Paasadena, and Laurel Adams, Concord, for Defendants and Appellants.

Younesi & Yoss, Jan A. Yoss, Los Angeles, and Barbara Ciolino, for Plaintiff and Respondent.

KLEIN, P.J.

Respondent Dana Commercial Credit Corporation (Dana) seeks sanctions for a frivolous motion by appellants Ferns & Ferns, Barry Ferns and Karen Ragland (hereafter, appellants) to recall the remittitur, which issued after dismissal of the appeal became final.1, 2

The essential issue presented is whether this court has the inherent authority to impose sanctions for the making of a frivolous...

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