Sanctions: First District Parts Company From The Second District On Whether A Safe Harbor Sanctions Motion Has To Have A Hearing Date

This May Go Up for California Supreme Court Review

In Ari Law P.C. v. Autonation.com, Inc., Case No. A173620 (1^st Dist., Div. 4 Aug. 26, 2026) (published), the First District parted company from two Second District decisions (Galleria, 179 Cal.App.4^th 535 and J.N., 120 Cal.App.5^th 544) in arriving at the conclusion that the CCP section 1010 notice requirements for CCP sections 128.5 and 128.7 safe harbor notices do not have to be complied with where the litigant had notice that sanctions were being sought.  This may be a candidate for California Supreme Court review.