California Court of Appeal

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Interstate Specialty Marketing, Inc. v. ICRA Sapphire, Inc., G047376

The trial court erred by imposing sanctions against plaintiff's attorney under Code of Civil Procedure section 128.7, where: 1) section 128.7 clearly gives an attorney 21 days to correct a pleading otherwise sanctionable under the statute, and that 21 days plainly runs from the service of the order to show cause (OSC) threatening the sanctions, which did not happen here; 2) attaching the wrong draft of a contract even to a verified complaint does not appear to be, under the particular circumstances of this case and the text of the statute, sanctionable at all; and 3) making sanctions payable to the defendant is not allowed under the statute when a trial court sets an OSC for sanctions pursuant to section 128.7 on its own motion.

Appellate Information

  • Decided 06/27/2013
  • Published 06/27/2013

Judges

  • BEDSWORTH

Court

  • California Court of Appeal

Counsel