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STATE OF MINNESOTA IN COURT OF APPEALS A10-1041 Timothy Collins, Appellant, vs. Waconia Dodge, Inc., Respondent. Filed January 11, 2011 Affirmed Hudson, Judge Carver County District Court File No. 10-CV-08-257 Mark A. Greenman, Law Office of Mark A. Greenman, Minneapolis, Minnesota (for appellant) Michael Puklich, Neaton & Puklich, PLLP, Chanhassen, Minnesota (for respondent) Considered and decided by Ross, Presiding Judge; Hudson, Judge; and Schellhas, Judge. SYLLABUS A district court may sanction a party for bringing a meritless claim after the claim survived a summary-judgment motion if the denial of summary judgment does not relate to the issue on which sanctions were imposed. OPINION HUDSON, Judge Appellant challenges the district court`s imposition of sanctions following the district court`s denial of summary judgment and a trial. Because the district court may

order sanctions for a meritless clam after it denies summary judgment when the denial does not relate to the issue on which sanctions were imposed, we affirm. FACTS In February 2008, appellant Timothy Collins filed a complaint in Carver County District Court, alleging that respondent Waconia Dodge, Inc., which is owned and operated by appellant`s former wife`s family, failed to compensate him for consulting services he performed in 2005 and 2006 to start a new dealership program. Respondent moved for summary judgment, alleging that the action was barred by the two-year statute of limitations with respect to recovery of wages because personal service had not been timely effected. According to respondent, someone placed the complaint on a desk at respondent`s offices, where it was later found by a clerical employee. Respondent also alleged that appellant had no express or implied employment contract with respondent; that the action was motivated solely by retaliation against appellant`s former spouse, who was respondent`s general manager; and that it was barred by the equitable doctrines of laches, waiver, or unclean hands. After a hearing, the district court denied summary judgment, concluding that there was a discrepancy as to what the exact terms of the employment situation were between appellant and respondent, and that it [could not] find, as a matter of law, that [appellant] did not bring this matter within the general two-year statute of limitations window. The district court noted that, although respondent claimed that it could not locate an affidavit of personal service of the complaint, the court file showed an affidavit had been filed, which stated that service was made on respondent`s representative within 2

the statute-of-limitations period. The district court concluded that, [a]t a minimum, there is a material question of fact regarding . . . effective service, and, without reaching any of the merits, it allowed the action to proceed. The district court held a bench trial on appellant`s claims for breach of contract, wages earned under Minn. Stat.

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