13-686056

Motion: Sanctions Under CCP 128.7. Moving Party Defendant Frederick Stegmann. Responding Party Plaintiff Sean Gallagher. Opposition: None.

Ruling: The Motion for Sanctions is GRANTED. Pursuant to C.C.P. § 128.7, the court imposes sanctions of $11,565.00 against Plaintiff Sean Gallagher.

Plaintiff is an experienced attorney, who should be familiar with the basic legal principles in this area of law. The concepts are not novel or unusual. He knew or should have known that this Complaint would be eventually unsuccessful. The apparent reason of filing this litigation was to embarrass Defendant.

From 10/27/13 to 11/12/13, Plaintiff sent a series of 13 lengthy abusive e-mails to Defendant. The Complaint appears be part of a campaign of harassment. The court finds that primary purpose for filing this Complaint was to harass.

The Sanctions of $11,565.00 were reasonable and necessary. The billing rate of $300.00 for consistent with rates in the legal community. The amount of time spent, 29.9 hours, was appropriate. Plaintiff did not challenge the amount of sanctions.