Failure To Follow 128.7 Procedural Requirements Doomed Part Of Sanctions Award.
CCP § 128.7 sanctions are procedural in nature and rule bound. Do not follow the procedural rules, and you will lose a sanctions order in the lower court. Marriage of Nott, Case No. B293055 (2d Dist., Div. 5 Sept. 16, 2020) (unpublished), is a good illustration of what will result in a reversal when due process requirements are not satisfied.
What happened here was that ex-wife was hit with a Family Code section 271 sanction of $2,500, which was affirmed because the record showed she did not cooperate with a QDRO attorney to get closure on the issue. However, because she was hit with a $4,500 sanctions for filing a frivolous reconsideration motion (one governed by CCP § 128.7), that one had to be reversed because ex-husband failed to file a separate 128.7 sanctions motion and failed to serve it at least 21 days before filing the motion with the court. That required a reversal on this aspect of the appeal. (Martorana v. Marlin & Saltzman, 175 Cal.App.4th 685, 698-700 (2009).)