Lan

I. INTRODUCTION

Hany Barhoma, through his attorneys at Miller Miller Gerber (MMG), brought a sanctions motion pursuant to Code of Civil Procedure section 128.71 seeking to be dismissed as a defendant from Yongtang Lan’s second amended complaint. The trial court denied the motion and awarded Lan his attorney fees and costs against Barhoma and MMG pursuant to section 128.7, subdivision (c)(1). Barhoma and MMG appealed.2 We affirm.

All further statutory references are to the Code of Civil Procedure.

In a March 8, 2024, joint letter to this court, Barhoma and Lan stated that Lan accepted in the trial court Barhoma’s statutory offer to compromise the underlying action pursuant to section 998. They further advised that following compliance with the terms of that compromise, Lan would dismiss in the trial court his claims against Barhoma in the underlying action with prejudice and Barhoma would dismiss in the court of appeal his appeal from the underlying action with prejudice. On April 24, 2024, pursuant to Barhoma’s request, this court dismissed Barhoma’s appeal and issued a remittitur. In a May 9, 2024, letter to this court, Lan represented that he dismissed his…