Sanctions: Trial Court Did Not Err In Denying CCP § 128.7 Sanctions Based On Failure To Comply With “Safe Harbor”

 

Opposing Parties’ Failure to Raise the Issue in Opposition Was No Waiver.

     Cooper v. Wedbush Morgan Securities, Inc., Case No. B241048 (2d Dist., Div. 3 Aug. 28, 2014) (unpublished) shows how important the “safe harbor” time period is under CCP § 128.7, a sanctions statute. In this one, a trial court denied a 128.7 sanctions request because the “safe harbor” time was not adequately allowed, even though the opposing parties did not raise the issue in their opposition. The requesting side argued that opposing parties waived the “safe harbor” issue. The appellate court disagreed, finding that the lower court had the ability to deny based on sua sponte consideration of the issue and that it as an appellate court could still consider the issue discretionarily given that it involved a pure question of law.