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Hoang et al v. Reunion.com Inc

Memorandum in Opposition to Defendant's 87 Motion for Sanctions Pursuant to 28 U.S.C. §1927

25 Cited authorities

  1. B.K.B. v. Maui Police Dept

    276 F.3d 1091 (9th Cir. 2002)   Cited 962 times
    Holding that misconduct committed "in an unreasonable and vexatious manner" that "multiplies the proceedings" violates § 1927

  2. Estate of Tucker v. Interscope Records, Inc.

    515 F.3d 1019 (9th Cir. 2008)   Cited 394 times
    Listing lack of probable cause as a necessary element of a malicious prosecution claim

  3. In re Keegan Management, Securities Litigation

    78 F.3d 431 (9th Cir. 1996)   Cited 520 times
    Holding § 1927 sanctions "must be supported by a finding of subjective bad faith"

  4. Yagman v. Republic Ins

    987 F.2d 622 (9th Cir. 1993)   Cited 497 times
    Holding that a "sanction based upon the court's inherent power [was] not sustainable" where there was "no indication in the record before us that [plaintiff acting as his own counsel] acted in bad faith or intended to mislead the court"

  5. Zaldivar v. City of Los Angeles

    780 F.2d 823 (9th Cir. 1986)   Cited 574 times   1 Legal Analyses
    Holding that Rule 11 "does not repeal or modify existing authority of federal courts to deal with abuses of counsel under 28 U.S.C. § 1927"

  6. Barber v. Miller

    146 F.3d 707 (9th Cir. 1998)   Cited 336 times
    Holding that "[a]n award of [Rule 11] sanctions cannot be upheld" where party seeking sanctions did not provide twenty-one day notice period

  7. Wages v. I.R.S

    915 F.2d 1230 (9th Cir. 1990)   Cited 303 times
    Holding that an untimely post-trial motion “does not toll time for appeal from, or affect the finality of, the original judgment”

  8. G.C. and K.B. Investments, Inc. v. Wilson

    326 F.3d 1096 (9th Cir. 2003)   Cited 211 times
    Discussing the standard

  9. Trulis v. Barton

    107 F.3d 685 (9th Cir. 1995)   Cited 204 times
    Holding that "[o]nce a bankruptcy plan is confirmed, it is binding on all parties and all questions that could have been raised pertaining to the plan are entitled to res judicata effect."

  10. Montgomery v. City of Ardmore

    365 F.3d 926 (10th Cir. 2004)   Cited 150 times
    Holding plaintiff failed to state § 1983 conspiracy claim where he did not allege specific facts showing agreement, concerted action, or "manner in which the conspiracy operated"

  11. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 108,040 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  12. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 8,831 times   81 Legal Analyses
    Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct

  13. Section 17529.5 - Unlawful advertising in commercial email advertisement

    Cal. Bus. & Prof. Code § 17529.5   Cited 95 times   4 Legal Analyses
    Listing three "circumstances" under which it is "illegal for any person or entity to advertise in a commercial e-mail"