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P0190 An order sustaining a demurrer without leave to amend does not bar a motion for sanctions under Code of Civil Procedure section 128.7 for maintaining a frivolous action, so long as the order has not been reduced to a judgment before the sanctions motion is served and filed and the statutory 30 safe harbor period has been observed.
BANKS v HATHAWAY (Post Demurrer Sanctions) 97 CA4 949 [See: CCP 128.7; Barnes v Dep't 74 CA4 126, T/AT 9/99; Malovec v Hamrell 70 CA4 434, T/AT 4/99; Hart v Avetoom 95 CA4 410, E/AT 3/02; Levy v Blum 92 CA4 625, E/AT 11/01]
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