Disagreeing with San Diegans for Open Government v. City of San Diego (2016) 247 Cal.App.4th 1306, this decision holds that as it existed between 2014 and 2017, Code of Civil Procedure section 128.5(f) incorporated by reference the 21-day safe harbor provision in Code of Civil Procedure section 128.7(c).  Since defendant’s sanction motion under CCP 128.5, brought after entry of final judgment, did not permit a 21-day safe harbor or cure period, it was properly denied.  The decision notes that section 128.5(f) was again amended in 2017 to clarify that a 21-day safe harbor was required on a motion for sanctions under that section.

 California Court of Appeal, Second District, Division Seven (Perluss, J.); January 31, 2018; 2018 WL 636062.