Favila
Moofly Prods., LLC v. Favila
Opinion
lead Opinion
Rothschild, J.
*995 This appeal requires us to consider the procedures a trial court must follow in *770 imposing sanctions for violations of Code of Civil Procedure section 1008. 1 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 *996 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), 2 must be reversed.
FACTS AND PROCEEDINGS BELOW
This case was originally filed in 2013 as a limited jurisdiction matter, and at various stages has been removed to federal court and remanded to the trial court in general jurisdiction. Because this appeal concerns only the question of an award of sanctions against Moofly and Riley,…