Re: Re Sanctions
in response to
by
posted on
Oct 03, 2014 03:45PM
"As you see its written " PROPOSED " .I believe sanctions will be denied (JMHO). We will wait for judge decision ."
sman...are you pulling my leg...lol
The mechanisums, regarding sanctions, that you noted to the board have kicked in ...
" If the pleading is withdrawn [or dismissed], the motion for sanctions may not be filed with the court."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 If the pleading is not withdrawn, the motion for sanctions may then be filed.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.)"
The proposed motion for sanction will not be filed...if we assume what you put up is the mechanism to take care of the proposal with a dismissal of the case..
It's a done deal in that respect.
What the problem is, are the comments the judge included in is order to dismiss regarding the proposed motion. It was proposed ...was it proper for the judge to include his comments about his feelings regarding the proposed motion?
It's done.... the judge is not going to change his over indulging comments.... there is nothing to wait for ...as there is no mechanism to force the judge to remove his comments.
e.Digital lives with it, like it or not….IMO, it’s nothing more than comments added to the record on behalf of e.Digital.
doni