|Attorney for McMath family|
On Friday, I summarized the proof that the family of Jahi Mcmath plans to introduce to prove that she is now alive. While this evidence has not yet been examined and tested by the medical defendants or by the court, remember that the California Rules of Civil Procedure do prohibit frivolous claims.
Specifically, CCP 128.7 provides that “every pleading . . . shall be signed by at least one attorney of record.” And “by presenting to the court . . . an attorney . . . is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances . . . the allegations and other factual contentions have evidentiary support.”
The McMath family’s First Amended Complaint is signed by a reputable and experienced attorney. If there were little or no basis to the claims of responsiveness, the attorney could be sanctioned.
The views, opinions and positions expressed by these authors and blogs are theirs and do not necessarily represent that of the Bioethics Research Library and Kennedy Institute of Ethics or Georgetown University.