Moofly Productions v. Favila CA2/1
This appeal requires us to consider the procedures a trial court must follow in imposing sanctions for violations of Code of Civil Procedure section 1008. That section, which establishes the rules for filing motions for reconsideration, provides that a court may impose sanctions for violations “as allowed by [s]ection 128.7.” (§ 1008, subd. (d).) May a trial court sanction a party for violating section 1008 without allowing the party the benefit of a 21-day safe harbor to withdraw the offending motion, as is required by section 128.7, subdivision (c)? Our answer to that question is no. Because plaintiff and appellant Moofly Productions, LLC (Moofly) did not receive the required 21-day notice to withdraw its motion for reconsideration and avoid sanctions, the sanctions award against Moofly and Moofly’s attorney, Nina M. Riley (Riley), must be reversed.
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