Cases: Sanctions

Decision Also Has A Colorful Quote On A Confusing Appellant’s Brief.             If a motion for reconsideration is meritless, frivolous, or filed in bad faith, the trial court may order sanctions against the movant pursuant to section 128.7 of the Code of Civil Procedure. (Code Civ. Proc., § 1008, subd. (d); Young v. Rosenthal

4/2 DCA Followed Broadcast Music Opinion From Earlier This Year.             It looks like we are getting a gathering consensus from the intermediate appellate courts on the compliant timing for filing a CCP § 128.5 or 128.7 sanctions motion after service of the “unfiled, but served” safe harbor motion.  Agreeing with the conclusion of the

Justice Perren References The Pierian Spring In His Authoring Of The Opinion.             Here is how the opinion in Ben-Yashar’el v. Kirschbaum, Case No. B315184 (2d Dist., Div. 6 July 15, 2022) (unpublished) starts out:           "A little learning is a dangerous thing;            Drink deep, or taste

However, Because No Improper Purpose Shown By Client Independent Of Following Counsel’s Advice, Sanctions Against Client Reversed.             Showers v. Matthews, Case No. A163900 (1st Dist., Div. 1 June 29, 2022) (unpublished) is a reminder that CCP § 128.7 sanctions cannot be sustained under subdivision (b)(1) if the underlying conduct by a client was reliance

Plaintiff’s Filing Of A Third Amended Complaint Did Not Render Defendant’s Sanctions Motion Moot Because Third Amended Complaint Was Filed After Defendant Filed Sanctions Motion, Not Beforehand During The 21-Day Safe Harbor Period             Under Code of Civil Procedure section 128.7, an attorney or self-represented party makes an implied “certification” as to the legal and