Legal Question in Civil Litigation in California

Re: Sanctions under 128.7

You can bring the motion. Granting the motion is up to the judge.

Re: Sanctions under 128.7

You could be sanctioned for bringing a frivolous motion, especially considering the fact you already lost on a similar motion based upon the same facts.

Re: Sanctions under 128.7

No.

Before you can bring an independent motion pursuant to CCP 128.7 you must first prepare and serve the motion with sufficient time for the opposing party to withdraw their frivolous pleading. As you have already had the hearing, it is too late.

Further, you had the opportunity for sanctions in conjunction with the discovery motion. The discovery motion has a lower threshold for the imposition of sanctions than a 128.7 motion. If the judge did not grant sanctions from the discovey motion, they will not be granted based on a 128.7 motion.

It is annoying, but sanctions routinely do not cover the expense of the other side playing discovery games. If you are in an individual calendar court (where your current judge will be your trial judge) then at least you are gaining the high ground in the judge's eyes, which could help at trial.

Your attorney should have told you this. If you are not represented, I recommend that you hire an attorney. Feel free to contact me if you have any further questions.