When may a California CCP 128.7 sanctions motion be filed?

Service of the separate sanctions motion

The served motion must describe the specific alleged conduct. A warning letter or immediate filed motion is not the described safe-harbor process.

Responsible actor. The party seeking sanctions by motion under CCP 128.7. Establish proper motion service, the complete correction interval, whether the challenged matter was withdrawn or corrected, and any court-prescribed period. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.

1. Service of the separate sanctions motion
2. The served motion must describe the specific alleged conduct. A warning letter or immediate filed motion is not the described safe-harbor process.
3. Resolve the procedural comparisons described here before selecting an applicable clock. This page supplies no computed or paid date.
4. Do not file or present the motion unless the challenged matter remains unwithdrawn or uncorrected within the applicable correction interval. Preserve what actually occurred.

CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.

These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.

The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.

Assume one served motion’s challenged paper is corrected within the interval and another is not. The same twenty-one-day arithmetic does not establish permission to file both motions.

The preset does not distinguish expiration of the correction interval from a permissible filing opportunity or determine whether correction occurred. No computed or paid filing date is published.

Expiration and correction

The statute prohibits filing or presentation unless the challenged matter was not withdrawn or appropriately corrected within twenty-one days after service or the other prescribed period.

Discovery excluded

Subsection (g) excludes disclosures and discovery requests, responses, objections and motions from this section.

Service methods and distinct statutory additions

These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.

Edition and calendar coverage

The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.

• Establish proper motion service, the complete correction interval, whether the challenged matter was withdrawn or corrected, and any court-prescribed period. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
• The preset does not distinguish expiration of the correction interval from a permissible filing opportunity or determine whether correction occurred. No computed or paid filing date is published.

• Service of the separate sanctions motion
• The served motion must describe the specific alleged conduct. A warning letter or immediate filed motion is not the described safe-harbor process.
• The statute prohibits filing or presentation unless the challenged matter was not withdrawn or appropriately corrected within twenty-one days after service or the other prescribed period.
• Subsection (g) excludes disclosures and discovery requests, responses, objections and motions from this section.
• Do not file or present the motion unless the challenged matter remains unwithdrawn or uncorrected within the applicable correction interval. Preserve what actually occurred.
• Where filing is required, distinguish accepted filing from service. CCP 1010.6(e)(3) gives the stated same-court-day treatment to qualifying electronic court receipt between 12:00 a.m. and 11:59:59 p.m.; noncourt-day receipt is deemed on the next court day. Its confirmation and rejection provisions still matter. Preserve the accepted filing confirmation, effective service evidence and applicable local requirements. Court-office paper availability and case-specific orders require separate review. This does not turn a service-only response, court determination, completed discovery or trial commencement into a filing-only act.