CCP 128.7: Sanctions for Frivolous Complaints and Motions in California

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

Code of Civil Procedure section 128.7 is California's rule that every pleading and motion carries a certification of merit, and it authorizes sanctions when that certification is false. A business sued on a baseless complaint can use it, but the statute is not a general fee-shifting rule. The other side gets 21 days to withdraw the paper before the motion may be filed, and any award is limited to what is needed to deter. Kolmogorov Law, P.C., a business litigation firm in Irvine, brings and defends these motions.

Call (909) 235-6116 or contact us online to discuss a filing you believe is frivolous, or a sanctions motion served on your company.

What a signature certifies under CCP 128.7

Every pleading, petition, written notice of motion, or similar paper must be signed by an attorney of record, or by the party if it has no attorney. (Code Civ. Proc., § 128.7, subd. (a).) By presenting the paper to the court, the signer certifies four things. The certification rests on knowledge, information, and belief formed after an inquiry reasonable under the circumstances.

• It is not presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless cost.
• Its legal contentions are warranted by existing law or by a nonfrivolous argument for changing the law.
• Its factual contentions have evidentiary support or, if specifically so identified, are likely to have it after a reasonable opportunity for investigation or discovery.
• Its denials are warranted on the evidence or, if so identified, reasonably based on a lack of information or belief.

Presenting includes signing, filing, submitting, or later advocating. (Code Civ. Proc., § 128.7, subd. (b).)

The 21-day safe harbor

A sanctions motion must be made separately from other motions and must describe the specific conduct at issue. It is served first and filed later. The notice of motion may not be filed unless, within 21 days after service or another period the court sets, the challenged paper or contention is not withdrawn or appropriately corrected. (Code Civ. Proc., § 128.7, subd. (c)(1).)

Service by mail lengthens the period, as does electronic service until January 1, 2027, and the motion may be filed only after it has fully expired. The Court of Appeal reversed sanctions on motions filed on the last day of a period extended for electronic service. (Code Civ. Proc., §§ 1010.6, subd. (a)(3)(B), 1013, subd. (a); Stats. 2026, ch. 263; Transcon Financial, Inc. v. Reid & Hellyer, APC (2022) 81 Cal.App.5th 547, 551.)

The safe harbor lets the opposing party avoid sanctions by withdrawing the offending document, which makes the statute remedial, not punitive. (Peake v. Underwood (2014) 227 Cal.App.4th 428, 441.) So serve the motion early, while the other side still has something to withdraw. The court may also act on its own through an order to show cause, which carries the same 21 days. (Code Civ. Proc., § 128.7, subd. (c)(2).)

The standard is objective unreasonableness

Losing is not the test. To obtain sanctions for a frivolous claim, the moving party must show the claim was objectively unreasonable. That means any reasonable attorney would agree it is totally and completely without merit. Failing to overcome a demurrer or to survive summary judgment is not, in itself, enough.

Subjective bad faith need not be shown, although evidence that a party did not believe in its own claim is relevant. Sanctions are to be imposed with restraint and are not mandatory even when a claim is frivolous. (Peake, supra, 227 Cal.App.4th at pp. 448-449.)

Who pays, and how much

Sanctions may fall on the attorneys, law firms, or parties that violated the certification or are responsible for the violation. Absent exceptional circumstances, a law firm is jointly responsible for violations by its partners, associates, and employees. (Code Civ. Proc., § 128.7, subd. (c).)

The amount is capped by purpose. A sanction must be limited to what is sufficient to deter repetition of the conduct, or comparable conduct by others. It may be a nonmonetary directive or a penalty paid into court. If imposed on motion and warranted for effective deterrence, it may be an order to pay the moving party some or all of the reasonable attorney's fees and expenses incurred as a direct result of the violation. A represented party may not be ordered to pay money for an unwarranted legal contention. (Code Civ. Proc., § 128.7, subd. (d).)

So can you make them pay your fees? Sometimes, in part, and never as of right. The motion also carries risk for the party that brings it. The court may award the side that prevails on the motion its reasonable expenses and fees, and a sanctions motion filed primarily for an improper purpose is itself sanctionable. (Code Civ. Proc., § 128.7, subds. (c)(1), (h).)

Section 128.5 and the other routes

Section 128.5 has a different trigger. A trial court may order a party, its attorney, or both to pay the reasonable expenses, including attorney's fees, that another party incurred because of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. "Frivolous" there means totally and completely without merit, or for the sole purpose of harassing an opposing party. (Code Civ. Proc., § 128.5, subds. (a), (b).) The section reaches conduct such as making or opposing motions. It has its own 21-day withdrawal step for motions and pleadings that can be withdrawn, and its sanctions are also limited to what is sufficient to deter. (Code Civ. Proc., § 128.5, subd. (f).)

Neither statute applies to discovery requests, responses, objections, or motions. (Code Civ. Proc., §§ 128.5, subd. (e), 128.7, subd. (g).) Those are handled under the discovery statutes, as our pages on discovery sanctions and the motion to compel explain.

Other routes to fees and costs exist. They include a contractual attorney fees clause, ordinary prevailing party costs, and the anti-SLAPP motion where a complaint targets protected speech or petitioning. After a win on the merits, a separate suit for malicious prosecution is sometimes available.

If your company is served with a sanctions motion

Have counsel reread the challenged pleading against the evidence now in hand. If an allegation cannot be supported, withdrawing or correcting it within the period prevents that motion from being filed as to that item. If it can be supported, a written response setting out the factual and legal basis will be useful if the motion is filed anyway.

What to bring to the first meeting

Bring the challenged pleading or motion, the sanctions motion or warning letter, and its proof of service. Add the documents and testimony that bear on the disputed allegations, and any letters in which either side explained its position. Note the date the 21 days end, with any service extension.

Frequently asked questions

A competitor filed a lawsuit against us with no factual basis. Can we make them pay our attorney fees?

Sometimes, and not as of right. California Code of Civil Procedure section 128.7 allows sanctions when a complaint's factual contentions lack evidentiary support, and are not identified as likely to gain it through discovery, or it was filed primarily for an improper purpose. The motion is served first, and the plaintiff then has 21 days to withdraw the pleading. Any award is limited to what deters, which may include fees caused directly by the violation.

What is the 21-day safe harbor under CCP 128.7?

It is the waiting period built into California's sanctions statute. A party serves its sanctions motion on the opponent but may not file it unless, within 21 days after service or another period the court sets, the challenged paper or contention has not been withdrawn or appropriately corrected. Service by mail or electronically lengthens it. The rule appears in section 128.7, subdivision (c)(1).

What is the difference between CCP 128.5 and 128.7?

Section 128.7 is tied to the certification made by signing or advocating a pleading or motion. Section 128.5 lets a California court award reasonable expenses, including attorney's fees, for bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. Each has a 21-day withdrawal step, which in section 128.5 covers only motions and pleadings that can be withdrawn or corrected. Each limits a sanction to what is sufficient to deter, and neither applies to discovery.

We were served with a sanctions motion that has not been filed yet. What are we supposed to do in the 21 days?

Treat it as a deadline to decide. Under California Code of Civil Procedure section 128.7, the moving party cannot file the motion if the challenged claim or allegation is withdrawn or appropriately corrected within 21 days after service. Review the evidence for each challenged item with counsel, withdraw or amend what cannot be supported, and document the basis for what remains.

Can a client be sanctioned, or only the lawyer?

Both can be. California's section 128.7 authorizes sanctions against attorneys, law firms, or parties that violated the certification or are responsible for the violation. One limit protects clients: monetary sanctions may not be awarded against a represented party for an unwarranted legal contention. A party remains exposed for unsupported factual contentions and for papers presented for an improper purpose.

Talk to a California business litigation attorney about sanctions

If your company is defending a filing it believes is frivolous, or has received a sanctions motion, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located in Irvine, California. Related reading: our civil litigation practice and our page on malicious prosecution.

This page provides general information about California law and is not legal advice. Outcomes depend on the pleadings, the facts, and the court.