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128.6. (a) Every trial court may order a party, the partys attorney, or both to pay any reasonable expenses, including attorney s fees, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay.
Motions to dismiss are filed for a range of reasons, which may include: Statute of limitations expiration: The case does not fall within Californias time limit for filing. Lack of subject matter jurisdiction: The court does not have the authority to hear this type of case.
C.C.P. 128.7 requires the party seeking sanctions to comply with a two-step process for presentation to the court. The motion must first be served on the party against whom sanctions are sought, but not filed with the court. The party against whom sanctions are sought has 21 days to withdraw the offending pleading.
128. (a) Every court shall have the power to do all of the following: (1) To preserve and enforce order in its immediate presence. (2) To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority.
1287. If the award is vacated, the court may order a rehearing before new arbitrators. If the award is vacated on the grounds set forth in subdivision (d) or (e) of Section 1286.2, the court with the consent of the parties to the court proceeding may order a rehearing before the original arbitrators.
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(1) A partys request for sanctions must: (A) State the applicable rule of court that has been violated; (B) Describe the specific conduct that is alleged to have violated the rule; and. (C) Identify the party, attorney, law firm, witness, or other person against whom sanctions are sought.

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