Garvey School Dist. v. Miranda
Filed 2/9/07 Garvey School Dist. v. Miranda CA2/3
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
GARVEY SCHOOL DISTRICT, Plaintiff and Respondent, v. ROBERT MIRANDA, Defendant; JOSE M. CASTILLO, Objector and Appellant. | B189820 (Los Angeles County Super. Ct. No. GC035560 |
APPEAL from an order of the Superior Court of Los Angeles County,
Jan A. Pluim, Judge. Reversed with directions.
Jose Mariano Castillo, in pro. per, for Objector and Appellant.
Garcia Calderon Ruiz, James R. Lynch and Chaka C. Okadigbo for Plaintiff and Respondent.
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Jose Mariano Castillo (Castillo), former attorney for defendant Robert Miranda (Miranda), appeals in propria persona an order directing Castillo to pay sanctions in the amount of $10,922.50 to plaintiff and respondent Garvey School District (the District) for filing a frivolous anti-SLAPP motion on Miranda's behalf. (Code Civ. Proc., § 425.16.)[1] [2]
The essential issue presented is whether the trial court abused its discretion in sanctioning Castillo.
The record reflects Castillo, without authorization, signed Miranda's name to the moving declaration on the anti-SLAPP motion. Therefore, the Miranda declaration, which was the sole declaration filed in support of the anti-SLAPP motion, must be disregarded. Nonetheless, contrary to the trial court's ruling, the negation of the moving declaration did not render the anti-SLAPP motion frivolous.
In opposing Miranda's anti-SLAPP motion below, the District conceded â€