sman...
" If the pleading is withdrawn [or dismissed], the motion for sanctions may not be filed with the court." [Citation.] If the pleading is not withdrawn, the motion for sanctions may then be filed. (Ibid.)" (Levy v. Blum (2001) 92 Cal. App. 4th 625, 637.)"
with that...the mechanism is fine, however...
(19) The statement made in “
Defendant Toshiba America Information
Systems, Inc.’s [Proposed] Order Granting Defendant Toshiba America
Information Systems, Inc.’s Motion for Sanctio
==========================================
There was a dismissal of the case.... the motion for sanction was proposed...where the mechanism noted above would simply have kicked in, does the judge have the right to comment on the proposal after the fact, with written comments added to order of dismissal?
doni
