Background
This employment action involves allegations of race discrimination and related claims. On August 1, 2016, plaintiff filed a complaint against his former employer. On December 8, 2016, the Court denied defendant’s motion to compel arbitration. The same day, plaintiff filed this motion for sanctions pursuant to Code of Civil Procedure section 128.7, arguing the arbitration motion was frivolous. The Court DENIES the motion as follows.
Standard
Adequate notice and opportunity to be heard on a motion for monetary sanctions is mandated by constitutional due process requirements. O’Brien v. Cseh (1983) 148 Cal.App.3d 957, 961-962; Marriage of Reese & Guy (1999) 73 Cal.App.4th 1214, 1221.
Section 128.5, subdivision (f) mandates the moving party comply with procedures set forth in section 128.7, subdivision (c), (d), and (h). Subdivision (h) requires the moving party to serve notice of the motion but not file the motion with the court unless, within 21 days after service of
Hearing Date
January 03, 2017
Type
Other Employment Complaint (General Jurisdiction)
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Background
This employment action involves allegations of race discrimination and related claims. On August 1, 2016, plaintiff filed a complaint against his former employer. On December 8, 2016, the Court denied defendant’s motion to compel arbitration. The same day, plaintiff filed this motion for sanctions pursuant to Code of Civil Procedure section 128.7, arguing the arbitration motion was frivolous. The Court DENIES the motion as follows.
Standard
Adequate notice and opportunity to be heard on a motion for monetary sanctions is mandated by constitutional due process requirements. O’Brien v. Cseh (1983) 148 Cal.App.3d 957, 961-962; Marriage of Reese & Guy (1999) 73 Cal.App.4th 1214, 1221.
Section 128.5, subdivision (f) mandates the moving party comply with procedures set forth in section 128.7, subdivision (c), (d), and (h). Subdivision (h) requires the moving party to serve notice of the motion but not file the motion with the court unless, within 21 days after service of