Monday, June 25, 2018

Moofly Productions v. Favila (Cal. Ct. App. - June 22, 2018)

I know you want to sanction the other side for filing a frivolous motion for reconsideration under CCP 1008.  Those motions are, indeed, occasionally frivolous.  And, yes, the statute provides for sanctions under such settings.

But such sanctions are only permitted when "allowed by section 128.7."  Which -- sadly, for you -- means you've got to provide the other side with the requisite 21-day safe harbor.

Sorry about that.