OLMSTEAD v. ARTHUR J. GALLAGHER & CO.

No. S113272

11 Cal.Rptr.3d 298 (2004)

86 P.3d 354

32 Cal.4th 804

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

Supreme Court of California

March 29, 2004


Attorney(s) appearing for the Case

Tarkington, O'Connor & O'Neil, Tarkington, O'Neill, Barrack & Chong, Thomas C. Burch and Robert A. Roth, Pacific Palisades, for Defendants and Appellants.

Appell & Wolf, Mervyn H. Wolf, Encino, Brent I. Rosenzweig and Marc J. Appell, Woodland Hills, for Plaintiffs and Respondents.


BAXTER, J.

We granted review in this case to address whether Code of Civil Procedure section 128.5,1 as amended in 1994, authorizes trial courts to award sanctions, including attorney fees, for bad faith litigation actions or tactics that arise from a claim initiated after December 31, 1994. We conclude that the statutory language of section 128.5 and related statutes, and other indicia of legislative intent, establish that section 128...

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