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OLMSTEAD v. ARTHUR J. GALLAGHER & CO.

No. A097117.

128 Cal.Rptr.2d 573 (2002)

104 Cal.App.4th 858

Carleen OLMSTEAD et al., Plaintiffs and Respondents, v. ARTHUR J. GALLAGHER & COMPANY et al., Defendant and Appellants.

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

Review Granted April 16, 2003.

Attorney(s) appearing for the Case

Tarkington, O'Connor & O'Neil, Thomas C. Burch, Robert A. Roth, Pacific Palisades, for Appellant.

Appell & Wolf, Mervyn H. Wolf, Encino; Marc J. Appell, Los Angeles, for Respondent.

PARRILLI, J.

This case presents the question whether Code of Civil Procedure section 128.5 applies, after 1994, to bad-faith actions or tactics that do not involve pleadings, while Code of Civil Procedure section 128.7 governs pleading abuses.1 We. hold that the language of section 128.5 and the example of federal sanctions law, on which the Legislature modelled section 128.7, make it clear that the two statutes apply concurrently to different...

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