Judge: Mark H. Epstein, Case: 23SMCV00120, Date: 2024-11-19 Tentative Ruling

Case Number: 23SMCV00120    Hearing Date: November 19, 2024    Dept: I

This is a motion for sanctions on the theory that the lawsuit is frivolous.  The short answer is that to get a motion for sanctions, there is a safe-harbor provision and there is no evidence that Fenske has complied with that.  More to the point, though, the court will consider the motion to dismiss that is on for tomorrow based on the lack of a certificate of merit.  This motion, which the court is not even sure is allowed by the Code of Civil Procedure, is DENIED, but without prejudice to tomorrow’s hearing.