California Court of Appeal
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.
- Decided 06/27/2013
- Published 06/27/2013
- California Court of Appeal