Nutrition Distribution, LLC v. Southern SARMs, Inc.

The Court of Appeal affirmed the trial court's denial of Southern SARMs' postjudgment motion for sanctions against Nutrition Distribution because Southern SARMs had failed to give Nutrition Distribution the required notice. The court held that, based on the plain language and legislative history of former subdivision (f) of Code of Civil Procedure section 128.5, and confirmed by the August 2017 amendments to that provision, a 21-day waiting period applies to a motion for sanctions under section 128.5 that, as here, is directed to allegedly improper actions or tactics that can be withdrawn or appropriately corrected. In this case, because Southern SARMs failed to provide Nutrition Distribution with the safe harbor opportunity to withdraw its first amended complaint before filing its motion for sanctions, the trial court properly denied the motion. View "Nutrition Distribution, LLC v. Southern SARMs, Inc." on Justia Law