4/2 DCA Followed Broadcast Music Opinion From Earlier This Year.
It looks like we are getting a gathering consensus from the intermediate appellate courts on the compliant timing for filing a CCP § 128.5 or 128.7 sanctions motion after service of the “unfiled, but served” safe harbor motion. Agreeing with the conclusion of the 2/2 DCA in Broadcast Music, Inc. v. Structured Asset Sales, LLC, 75 Cal.App.5th 596, 605 (2022) [reviewed in our March 12, 2022 post], the 4/2 DCA in Transcon Financial, Inc. v. Reid & Hellyer, APC, Case No. E076728 (4th Dist., Div. 2 July 22, 2022) (published), reversed 128.5 and 128.7 sanctions because the motion was filed one day early. Put another way, the true sanctions motion after expiration of the “safe harbor” period can be filed no earlier than 22 days after service of the unfiled, safe harbor pleading to be compliant.
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