Barnes v. Department of Corrections

Opinion

ARDAIZ, P. J.

Introduction

Subdivision (c)(1) of Code of Civil Procedure section 128.7 1 provides that a motion for sanctions under this section “shall not be filed with or presented to the court unless, within 30 days after service of the motion, or such other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.” This clause is commonly referred to as the “safe harbor provision” of the statute because it “allows the party against whom sanctions are sought an opportunity [‘safe harbor’] to…