Day

I.

INTRODUCTION

Appellant Fred Collingwood served a motion for sanctions pursuant to Code of Civil Procedure section 128.7 on Lucian P. Day and Gussie L. Day and their attorney, Darren J. Quinn (collectively respondents), prior to entry of judgment. After the trial court entered judgment in favor of Collingwood, Collingwood filed the motion for sanctions. The trial court denied the motion as moot on the ground that it had been filed postjudgment. We conclude that the trial court had jurisdiction to consider the motion and that the court erred in concluding that the motion was moot because it was filed postjudgment. Accordingly, we reverse the trial court’s order denying Collingwood’s motion for sanctions and remand with directions to consider the motion.

n.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2004, Lucian P. Day and Gussie L. Day (collectively the Days) filed a third amended complaint against Collingwood and others. In March 2005, Collingwood filed a motion for summary judgment.

On April 8, 2005, Collingwood served, but did not file, a motion for sanctions against respondents. In his motion, Collingwood asserted that the Days’ action against him was…