The lawsuit is frivolous as against defendant Kyung Kim Sone, against whom not a single allegation is set forth in the complaint, the affidavits that plaintiffs submitted in opposition to defendants' prior motion to dismiss, or in the affidavits that plaintiffs submitted in support of their instant motion to dismiss defendants' counterclaim for sanctions. Accordingly, it was a proper exercise of discretion to direct a hearing into whether plaintiffs' commencement of the action...
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