GALLERIA PLUS, INC., Plaintiff, v. HANMI BANK, Defendant and Respondent; DAVID D. KIM & ASSOCIATES, Objector and Appellant., 179 Cal. App. 4th 535

Summary

Respondent had served appellant with a motion for sanctions and had filed it with the trial court the same day. The court observed that a formal noticed motion was required to begin Code Civ. Proc., § 128.7's 21-day safe harbor period. Section 128.7 mandated that notices of motion be served as provided in Code Civ. Proc., § 1010. Section 128.7's incorporation of § 1010 was compulsory, not permissive. Respondent's purported notice failed to specify when the motion would be made, rendering it fatally defective. The document's statement that a sanctions motion could be filed "on and after May 23, 2008" did not provide notice of the 21-day period or serve the remedial purpose of § 128.7's notice provisions. Because respondent filed its motion for sanctions the same day it was served, it did not comply with § 128.7, subd. (c)(1).