MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 102 C.C.P. SECTION 128.5 IS REVIVED Because of AB 2494, effective January 1, 2015, attorneys once again, pursuant to Code of Civil Procedure section 128.5, will be able to move for monetary sanctions as a result of opposition bad faith tactics. Previously, for sanctions to be issued for misconduct, that section required that a litigant’s tactics had to be both subjectively in bad faith and objectively unmeritorious. This difficult…