Primo Hospitality Group, Inc. v. Haney

July 5, 2019 by Justia

The Court of Appeal reversed the order awarding sanctions and held that there was no evidence to support finding that the attorney violated Code of Civil Procedure section 128.7. The court held that there was no evidence that the attorney presented the complaint to the court within the meaning of section 128.7 before he was served with the motion for sanctions; a new attorney's filing of a declaration merely notifying the court of a change in counsel does not constitute presenting the complaint to the court under section 128.7; and a sanctions order cannot be supported solely by evidence of conduct occurring after the motion is served, because a motion for sanctions under section 128.7 must describe the specific conduct taken by the party to be sanctioned and allow a safe harbor period to withdraw or appropriately correct the sanctionable conduct. View "Primo Hospitality Group, Inc. v. Haney" on Justia Law