CALIFORNIA FAMILY LAW
...Attorney Fees
......Sanctions
.........Code Civ. Proc. §128.7
 24 Cards On This Topic:
  • Signer of pleading certifies that pleading made in good faith and is subject to sanctions if court finds it is not.
  • Guidance on Code Civ. Proc. §128.7 from Fed. Rule Civ. Proc., rule 11
  • CCP 128.7 does not authorize sanctions in form of an award of atty fees to self-represented attorneys.
  • CCP 128.5(a) does not authorize trial courts to impose sanctions for any form of litigation misconduct arising from complaint filed, or proceeding initiated after 12/31/94; CCP 128.7 applies to later cases.
  • The party moving for sanctions under CCP §128.5 or CCP §128.7 must wait for the entire 21-day period to expire before filing; failure to comply precludes an award of sanctions.
  • Code Civ. Proc. §128.7 explained.
  • Calculating the time for service of a CCP §128.7 motion.
  • If the objectionable document is resolved by the court during the safe harbor period, CCP §128.7 sanctions cannot be awarded.
  • CCP §128.7 sanctions should not be routinely or easily awarded, and the evidentiary burden to escape them is light.
  • CC §1717 sanctions after appeal are only available if they were originally awarded by trial court.
  • How to handle CCP §128.7's safe harbor if there is insufficient time to give 21 days' notice.
  • While a trial court may not award CCP §128.7 sanctions for conduct occurring before an arbitrator, it can award sanctions for a party’s efforts to thwart arbitration.
  • Motion for sanctions under CCP §128.7 improperly granted where plaintiff's new attorney did not sign, file, submit or advocate for the claims in the offending complaint.
  • CCP §128.7 sanctions reversed where sanctioned party did not receive the required 21-day notice to withdraw its motion for reconsideration and avoid sanctions.
  • A nonfrivolous complaint cannot be presented for an improper purpose under CCP §128.7.
  • Trial court properly awarded CCP 128.7 sanctions as no reasonable attorney would have concluded P's statutory and common law claims were factually and legally supported.
  • $64,500 sanctions properly assessed on in pro per W based on CCP 128.7 and FC 271.
  • W properly sanctioned under Code Civ. Proc. §128.7.
  • CCP 128.7 does not require motion for sanctions be filed before the court rules on the pleading or motion as to which sanctions are sought—may be filed postjudgment under safe harbor provisions.
  • Applicable sanctions statute determined by date original support order filed.
  • Juvenile court referee may order CCP 128.7 sanctions in dependency proceedings.
  • Order sustaining demurrer without leave to amend does not bar motion for section 128.7 sanctions unless order is reduced to judgment before sanctions motion served and filed.
  • Sanctions motion under 128.7 may not be granted where H not served 30 [now 21] days before filing, motion filed was different from proposed motion served and case had been dismissed before motion filed.
  • Where both CCP 128.7 (b)(1) and (b)(2) violated, trial court could impose sanctions against both attorney and client under (b)(1): Reese & Guy wording clarified.


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