California Appellate Tracker

Changsa Metro Group Co., Ltd. v. Xufeng (2020)

November 3, 2020

In reaction to San Diegans for Open Government v. City of San Diego (2016) 247 Cal.App.4th 1306, the Legisalture amended CCP 128.5 to require in subdivision (f) that the court first find a motion, complaint or other filing to be frvolous under subdivision (a) and then not award sanctions until after a 21-day safe harbor as under CCP 128.7. This decision holds that the statute, as so amended, is incomprehensible and that it is not clarified by its legislativ history. Since the 21-day safe harbor provision is incompatible with the shortened timing of Anti-SLAPP motions to strike under CCP 425.16, the decision holds that subdivision (f) and its 21-ayy safe harbor don’t apply to sanctions for bringing frivolous Anti-SLAPP motions. For sanctions on such motions, the plaintiff need only comply with subdivisions (a) and (c).

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Changsa Metro Group Co., Ltd. v. Xufeng (2020)

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