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COLLINS v. STATE DEPT. OF TRANSP.

No. C041238.

8 Cal.Rptr.3d 132 (2003)

114 Cal.App.4th 859

William F. COLLINS, Plaintiff and Respondent, v. STATE DEPARTMENT OF TRANSPORTATION, Defendant and Appellant.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing January 21, 2004.

Review Denied May 12, 2004.

Attorney(s) appearing for the Case

Bruce A. Behrens, Chief Counsel, Brelend C. Gowan, Deputy Chief Counsel, Richard A. Wehe, Assistant Chief Counsel, Gary A. Geren, El Dorado Hills, and Kevin M. Corrington, Sacramento, for Defendant and Appellant.

Law Offices of Tony J. Tanke and Tony J. Tanke; Law Offices of Joseph W. Carcione, Jr. and Joseph W. Carcione, Jr., Gerald K. Okimoto, Stephen J. Purtill, Redwood City, and Gary W. Dolinski, San Diego, for Plaintiff and Respondent.

SIMS, J.

The summary judgment statute, Code of Civil Procedure section 437c, former subdivision (i) provided:1 "If the court determines at any time that any of the affidavits are presented in bad faith or solely for purposes of delay, the court shall order the party presenting the affidavits to pay the other party the amount of the reasonable expenses which the filing of the affidavits caused the other party to incur. Sanctions...

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