Goodstone v. Southwest Airlines Co

In Goodstone v. Southwest Airlines Co. (1998) 63 Cal.App.4th 406 , the trial court had ordered sanctions payable under both Code of Civil Procedure sections 128.7 and local rules promulgated under the Trial Court Delay Reduction Act (Gov. Code, 68600 et seq.). The court held that the imposition of sanctions under Code of Civil Procedure section 128.7 was precluded because the sanction motion had not been served 30 days before it was filed. The court analyzed the statutory history of section 128.7 and concluded that the section was drafted to deter improper conduct rather than to punish offending parties or attorneys after the fact. The court in Goodstone concluded that the Legislature's intent was obvious on the face of the statute: "In that respect, the legislative language could not be clearer; the sanctions motion must be served 30 days before it is filed so as to allow time for correction of the offending conduct. . . ." (63 Cal.App.4th at p. 423.)