Nu v. Nguyen
This appeal illustrates how different standards of review can produce dramatically different outcomes. We have before us two matters:
(1) The appeal from an order of the trial court granting a motion for sanctions pursuant to section 128.7 of the Code of Civil Procedure[1] against appellant Phuong Ton Nu, erstwhile plaintiff in this now-dismissed action. Nu is no longer the plaintiff because she dismissed this action the day before the section 128.7 motion was set to be heard.
(2) The motion on appeal by respondent Mark Nguyen for sanctions for bringing a frivolous appeal.
We affirm the order granting the motion for sanctions, under the combination abuse of discretion and substantial evidence standards which apply to section 128.7 review. Substantial evidence readily supports the trial judge’s conclusion Nu did not have evidentiary support for her initial complaint based on entrusting some $70,000 to defendant Mark Nguyen. (See § 128.7, subd. (b)(3).) Nu simply contradicted herself too many times about what the money was for and where it went.
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