California Appellate Tracker

Moofly Productions, LLC v. Favila

June 27, 2018

A court may not sanction a party for filing an improper reconsideration motion without first giving the party 21-days notice and opportunity to withdraw the offending motion.

A trial court may not sanction a party for violating CCP 1008 (by filing an improper reconsideration motion) without allowing the party the benefit of a 21-day safe harbor to withdraw the offending motion, as is required by CCP 128.7(c). Under CCP 1008(d), a court may impose sanctions as allowed by CCP 128.7. Sanctions are allowed by the latter section only if all of that section’s procedures are followed, including the 21-day safe harbor.

California Court of Appeal, Second Appellate District, Division 1 (Rothschild, P.J.); June 1, 2018 (published June 22, 2018); 2018 Cal. App. LEXIS 579

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Moofly Productions, LLC v. Favila

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