Judge: Mark C. Kim, Case: 21LBCV00423, Date: 2023-01-17 Tentative Ruling

Case Number: 21LBCV00423    Hearing Date: January 17, 2023    Dept: S27

Rutledge filed this motion for sanctions on 7/28/22.  She seeks sanctions against Flores pursuant to CCP §128.7.  §128.7(c)(1) provides, in pertinent part, “A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). Notice of motion shall be served as provided in Section 1010 , but shall not be filed with or presented to the court unless, within 21 days after service of the motion, or any other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.”

Rutledge’s motion lacks a proof of service.  She therefore failed to establish compliance with the safe harbor provision set forth above, and the motion is summarily denied. 

Flores is ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.