City of Calabasas v. GMZ Engineering, Inc.

unfavorable.

CONCLUSION AND ORDER

GMZ Engineering's demurrer to the first through fifth causes of action in the City's cross-complaint is sustained with leave to amend. The demurrer to the sixth cause of action is overruled. The City is to file an amended cross-complaint within 20 days of notice of this order. GMZ Engineering is ordered to provide notice of the Court's ruling and to file proof of service of same.

DEPARTMENT | 415 | HEARING DATE | August 20, 2026 | CASE NUMBER |

| MOTION | Motion for Sanctions | MOVING PARTY | Cross-Defendant GMZ Engineering, Inc. | OPPOSING PARTY | Cross-Complainant City of Calabasas |

MOTION

Cross-Defendant GMZ Engineering, Inc. ("GMZ Engineering") seeks sanctions against Defendant and Cross-Complainant City of Calabasas ("City") pursuant to Code of Civil Procedure section 128.7 based on the City's cross-complaint. The City opposes the motion.

ANALYSIS

Code of Civil Procedure section 128.7 requires an attorney or self-represented litigant to sign all pleadings, petitions, notices of motions and other similar papers. (Code Civ. Proc., Sec. 128.7, subd. (a).)

By the signature, the attorney certifies the "legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law." (Code Civ. Proc., Sec. 128.7, subd. (b)(2).)

If the Court determines an attorney or self-represented litigant has violated this requirement, the Court may impose sanctions against the attorney or self-represented litigant. (Code Civ. Proc., Sec. 128.7, subd. (c).)

As set forth in the Court's ruling on GMZ Engineering's demurrer to the cross-complaint, the Court overrules the demurrer to the sixth cause of action for declaratory relief. Additionally, the Court found grounds to permit the City to amend its other causes of action. Therefore, it remains to be seen whether Plaintiff will successfully do so.

Consequently, the Court cannot impose sanctions because the City's cross-complaint has not found to be "completely without merit." (Plantations at Haywood 1, LLC v. Plantations at Haywood, LLC (2025) 108 Cal.App.5th 803, 816.) Therefore, the motion is denied. GMZ Engineering is to give notice of the Court's ruling and to file proof of service of same.

Case Number: 25STCV23821A Hearing Date: August 20, 2026 Dept: 415 TENTATIVE RULING

DEPARTMENT | 415 | HEARING DATE | August 20, 2026 | CASE NUMBER | 25STCV23821A | MOTION | Demurrer to Complaint | MOVING PARTIES | Defendants Boulevard Management, Inc., Lester Knispel, Mary Susan Barber, and Altaira Campos