GENOA MARTELL VS. CONTEXTLOGIC, INC. (DBA "WISH)", A CORPORATION ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24615358 - October 2, 2025 Hearing date: October 2, 2025 Case number: CGC24615358 Case title: GENOA MARTELL VS. CONTEXTLOGIC, INC. (DBA "WISH)", A CORPORATION ET AL Case Number: | | CGC24615358 | Case Title: | | GENOA MARTELL VS. CONTEXTLOGIC, INC. (DBA "WISH)", A CORPORATION ET AL | Court Date: | | 2025-10-02 09:00 AM | Calendar Matter: | | Motion For Sanctions Under Ccp Section 128.7 Against Defendant Wish Us Holdings Llc And Its Counsel, Jointly And Severally | Rulings: | | On the Law and Motion / Discovery calendar for October 2, 2025, line 3.

PLAINTIFF GENOA MARTELL'S Motion For Sanctions Under CCP Section 128.7 Against Defendant Wish Us Holdings Llc And Its Counsel, Jointly And Severally. Plaintiff Genoa Martell's motions for sanctions are denied. The sanctions motions served on defendant to trigger the safe harbor period do not mirror the motions plaintiff filed on 8/22/25 and 8/27/25. (CPF Vaseo Assoc. LLC v. Gray (2018) 29 Cal.App.5th 997, 1007) ["[u]nder section 128.7, the papers to be served on the opposing party as notice of intent to file a section 128.7 sanctions motion must be the same papers that are ultimately filed with the court no less than 21 days later."].)

Plaintiff served two motions on 7/28/25 and neither one included a declaration or request for judicial notice. (Sagi-Lebowitz Decl. Exs. B, C.) The motion filed on 8/22/25 includes a declaration and request for judicial notice. (Id. at Ex. G.) The motion filed on 8/27/25 is not identical to the served motions and facially notes that it has been "updated," meaning it deviates even further from the motions served on 7/28/25 (Id. at Ex. H.)

Defendant's request for sanctions is denied. Under CCP 128.7(h), a frivolous motion for sanctions is "subject to a motion for sanctions." Defendant failed to file such a motion for sanctions. In any event, the court finds Plaintiff's motions are not frivolous. To the extent Plaintiff's motion is a discovery motion, the court finds Plaintiff acted with substantial justification.

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