Because It Involved An Amended Complaint, That Pleading Could Have Been Withdrawn.
Attorney in Windsor v. Does 1-10, Case No. A167006 (1st Dist., Div. 2 Jan. 21, 2025) (unpublished) was hit with a CCP § 128.5 sanctions order because he failed to dismiss an amended complaint after a summary judgment was granted. The sanctions order was reversed on appeal, because the other side filed with the court and served the sanctions order on the same day rather than giving attorney the benefit of the 21-day safe harbor rule to withdraw an offending pleading. (Broadcast Music, Inc. v. Structured Asset Sales, LLC, 75 Cal.App.5th 596, 605-606 (2022).) The issue was whether the underlying conduct indeed could be withdrawn; however, because it involved an amended pleading, that was the case.
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