California  |  Civil Litigation

Legal Question

Asked on: 8/06/13, 4:45 pm

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


Answered on: 8/06/13, 4:48 pm by Joel Selik

Yes. Though you should know that such motions are very unlikely to be successful.


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Answered on: 8/06/13, 5:03 pm by Anthony Roach

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:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=128-130

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.


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Law Office of Anthony A. Roach 9909 Topanga Canyon, Ste.313 Chatsworth, CA 91311

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