West Coast Development V. Reed

We deliberate here on the subject of sanctions for frivolous actions. The trial court, after the case had been voluntarily dismissed by plaintiff West Coast Development, awarded sanctions against plaintiff (but not plaintiff's attorney) under Code of Civil Procedure*fn1 section 128.5 in the sum of $5,000. Plaintiff appeals, seeking a reversal of the award of sanctions.*fn2 We agree with the trial court that sanctions were appropriate, but reverse and remand because of procedural error.