![]() Underwood (2014) 227 Cal.App.4th 428, 440.) The statute provides for a 21-day period during which a plaintiff who is served with a section 128.7 motion may avoid sanctions by withdrawing the complaint. Under section 128.7, a court may impose sanctions for filing a complaint if the court concludes the complaint was filed for an improper purpose or was without merit, either legally or factually. For an overview of the difference between a Section 128.7 Motion and a Motion for Summary Judgment, read: Dismissing a Lawsuit §128.7 Motion vs. Many have asked about the differences between a 128.7 Motion and an MSJ. Sample 8: Motion for Sanctions (pending action) ![]() Sample 7: Motion for Sanctions (plaintiff filed partial dismissal). Sample 6: Motion for Sanctions (plaintiff avoided sanction by rectifying misconduct case dismissed). Sample 5: Motion for Sanctions (plaintiff avoided sanction by dismissing case). Sample 4: Motion for Sanctions (plaintiff avoided sanction by dismissing case). Sample 3: Motion for Sanctions and Notice of Ruling Granting 128.7 Sanctions. Sample 2: Motion for Sanctions and Court Order Granting 128.7 Sanctions. Sample 1: Motion for Sanctions and Court Order Granting 128.7 Sanctions + Court’s Minute Order. ![]() We hope you understand that we cannot return every call or help every individual with a legal problem, unfortunately.) Nonetheless, we continue to receive a large volume of calls inquiring further. (A lot of information and sample documents about section 128.7 are provided on this website by popular request. Due to the high volume of requests received by this office, we provide the below samples of section 128.7 motions and court orders granting same. In appropriate cases, a motion for sanctions under Code of Civil Procedure section 128.7 can be highly effective at dismissing a lawsuit with prejudice early on without the expense of protracted litigation.
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