In Unlimited Civil cases, I know that when an entire case is dismissed, the court loses jurisdiction to make further rulings (except for Motions to Tax costs/ Attorneys fees).
But, if there are 5 defendants, and only one was dismissed (after their Demurrer was sustained, and Judgment of Dismissal was entered), can I still file a Motion For Sanctions against that dismissed Defendant (because they repeatedly filed frivilous and untimely motions, oversized memorandums and engaged in other harrassing tactics against me), because the case is still open as to the other 4 defendants, so technically the case is not dismissed but still open.
2 Answers from Attorneys
Yes. Though you should know that such motions are very unlikely to be successful.
A motion for sanctions for such tactics would have to comply with Code of Civil Procedure section 128.7, particularly its "safe harbor" provision. You can read that statute here:
You would have to give the defendant at least 21 days to correct the offensive papers. But since the conduct has already happened, you cannot go back in time and give them safe harbor, so your motion for sanctions would be denied, and possibly subject you to sanctions.
Related Questions & Answers
I bought a business over a year ago that involved a lease assignment. My business... Asked 8/03/13, 6:45 pm in United States California General Civil Litigation
I have a rental property( Townhome) The next door occupant is the Hoa Collector for... Asked 8/03/13, 1:24 pm in United States California General Civil Litigation
Is a parent responsible for an adult child's debt for medical expenses? Asked 7/30/13, 4:51 pm in United States California General Civil Litigation
What can prove a person has a legal capacity to sue/ Are their any points of... Asked 7/27/13, 9:59 am in United States California General Civil Litigation
If I signed a bill of sale stating that I guarantee a motor works. Then a week after... Asked 7/27/13, 12:14 am in United States California General Civil Litigation