Hart

Robert Hart and his former attorney, David D. Ribeiro, challenge an order awarding Robert’s ex-wife, Linda Avetoom, sanctions under Code of Civil Procedure section 128.7. Hart and Ribeiro raise a variety of contentions, but two are dispositive: sanctions were improper because the motion filed was different from the motion that was served, violating the “safe harbor” requirements of the sanctions statute, and the sanctions were impermissibly sought after the underlying lawsuit was dismissed. We therefore reverse.

Robert and Linda Hart were divorced sometime before the inception of this action, and she resumed the use of her maiden name (Avetoom). In April 1996, Hart, a physician, was ordered to make monthly child support payments for his three children. Five months later, after various attempts to collect overdue payments failed, Avetoom turned to the Orange County District Attorney’s Office for assistance. (Former Welf. & Inst. Code, § 11475; see Fam. Code, § 17200 et seq.)

Hart retained Attorney Ribeiro to handle the issue of his support obligations. At a May 1997 support hearing, following a chambers conference with both attorneys, Avetoom endorsed over to the…