Barnes

Introduction

Subdivision (c)(1) of Code of Civil Procedure section 128.7 provides that a motion for sanctions under this section “shall not be filed with or presented to the court unless, within 30 days after service of the motion, or such other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.” This clause is commonly referred to as the “safe harbor provision” of the statute because it “allows the party against whom sanctions are sought an opportunity [‘safe harbor’] to withdraw or correct the challenged paper and thereby avoid [the imposition of a] sanction[].” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 1999) ¶ 9:1196, p. 9 (III)-35.) In this case we hold that a complaint in a civil action cannot be “withdrawn or appropriately corrected” after the civil action has been tried and judgment has been entered. Therefore, a section 128.7 sanctions motion served and filed by a defendant after judgment has been entered cannot properly be granted if the conduct alleged to be sanctionable is the improper filing and/or advocating of the…