Broadcast Music, Inc. v. Structured Asset Sales

Discussion, we hold that a party is not entitled to sanctions pursuant to section 128.7 unless the target of the motion has had a full 21 days to withdraw the allegedly offending paper, claim, defense, contention, allegation, or denial. Thus, a moving party cannot file a motion for sanctions until the 22nd day after the motion was served. Nor can the moving party file a motion for sanctions if the objectionable document has been resolved during the 21-day safe harbor period. When calculating the earliest possible day that a motion for sanctions can be filed, section 12 applies such that the day the motion was served is excluded and the last day is included. The trial court properly denied the motion for sanctions because it had resolved the attorney fees motion on the 21st day after service of the motion for sanctions, the last day of the safe harbor period.

FACTS2

“First Interpleader Action “In a limited jurisdiction action, Broadcast Music, Inc. (BMI) filed an interpleader complaint against Currency, Music Royalty Consulting, Inc. (Music Royalty), [Adeniyi Jacob Paris [(Paris)] and Structured alleging: BMI was in the business of licensing the public performance rights of…