CompFox AI Summary
The Appeals Board granted reconsideration and rescinded the prior order disallowing sanctions against the defendant. The Board found that the defendant's continued assertion that the lien claimant needed a fictitious-name permit was potentially frivolous, especially after the Board's prior decision. The case is remanded to the trial level to determine if the defendant's position was reasonably based on evidence and existing law, and if not, to award attorney fees as a sanction.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded the prior order disallowing sanctions against the defendant. The Board found that the defendant's continued assertion that the lien claimant needed a fictitious-name permit was potentially frivolous, especially after the Board's prior decision. The case is remanded to the trial level to determine if the defendant's position was reasonably based on evidence and existing law, and if not, to award attorney fees as a sanction.
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