Legal Question in Personal Injury in California

2 defendants were dismissed with respect to FAC after demurrer sustained without leave to amend. Opposing party filed motion for sanctions. Is it still possible to dismiss entire action with prejudice. If request for dismissal is filed will it take the motion for sanctions off calendar? FYI These are not terminating sanctions.


Asked on 2/12/14, 6:14 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You can always dismiss a case, but if you have been served with a motion for sanctions pursuant to Code of Civil Procedure section 128.7 and did not take corrective action during the safe harbor period, the court will still have jurisdiction to sanction you. You do not specify the sanctioning authority, and you do not provide the chronology, so this answer is a bit speculative.

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Answered on 2/12/14, 7:09 pm


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