§ 128.7.Signing of pleadings and motion papers by attorney; Signature as of specified conditions; Sanctions

Title 1. Organization and Jurisdiction · Chapter 6. General Provisions Respecting Courts of Justice · Article 2. Incidental Powers and Duties of Court · Last amended 2009 · Last verified July 28, 2026

In one sentenceSection 128.7 requires every pleading, petition, or motion paper to be signed by the attorney or an unrepresented party, treats that signature as certifying the paper is not filed for an improper purpose and that its contentions are well founded, and authorizes sanctions after notice and a 21-day cure period.

Full Text of § 128.7

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(a) Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney’s individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer’s address and telephone number, if any. Except when otherwise provided by law, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.

(b) By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met:

(1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

(2) The claims, defenses, and other 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.

(3) The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.

(4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.

(c) If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation. In determining what sanctions, if any, should be ordered, the court shall consider whether a party seeking sanctions has exercised due diligence.

(1) A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). Notice of motion shall be served as provided in Section 1010, but shall not be filed with or presented to the court unless, within 21 days after service of the motion, or any other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney’s fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.

(2) On its own motion, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b), unless, within 21 days of service of the order to show cause, the challenged paper, claim, defense, contention, allegation, or denial is withdrawn or appropriately corrected.

(d) A sanction imposed for violation of subdivision (b) shall be limited to what is sufficient to deter repetition of this conduct or comparable conduct by others similarly situated. Subject to the limitations in paragraphs

(1) and (2), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney’s fees and other expenses incurred as a direct result of the violation.

(1) Monetary sanctions may not be awarded against a represented party for a violation of paragraph

(2) of subdivision (b).

(2) Monetary sanctions may not be awarded on the court’s motion unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

(e) When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this section and explain the basis for the sanction imposed.

(f) In addition to any award pursuant to this section for conduct described in subdivision (b), the court may assess punitive damages against the plaintiff upon a determination by the court that the plaintiff’s action was an action maintained by a person convicted of a felony against the person’s victim, or the victim’s heirs, relatives, estate, or personal representative, for injuries arising from the acts for which the person was convicted of a felony, and that the plaintiff is guilty of fraud, oppression, or malice in maintaining the action.

(g) This section shall not apply to disclosures and discovery requests, responses, objections, and motions.

(h) A motion for sanctions brought by a party or a party’s attorney primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, shall itself be subject to a motion for sanctions. It is the intent of the Legislature that courts shall vigorously use its sanctions authority to deter that improper conduct or comparable conduct by others similarly situated.

(i) This section shall apply to a complaint or petition filed on or after January 1, 1995, and any other pleading, written notice of motion, or other similar paper filed in that matter.

End

Plain-English Summary

Section 128.7 is California’s version of the federal Rule 11 certification requirement. Subdivision (a) requires every pleading, petition, written notice of motion, or similar paper to carry the signature of at least one attorney of record, or the party’s own signature if unrepresented, along with an address and phone number. An unsigned paper gets stricken unless the signature is added promptly once the omission is flagged.

Subdivision (b) is the heart of the section. By signing, filing, submitting, or later advocating for such a paper, the attorney or party certifies — after an inquiry reasonable under the circumstances — that the paper is not being presented mainly to harass or cause delay or needless expense, that its legal contentions are warranted by existing law or a nonfrivolous argument to extend, modify, or reverse it, that its factual allegations have evidentiary support (or are identified as likely to after further investigation or discovery), and that its denials of fact are warranted by the evidence or a reasonable lack of information. Unlike Section 128.5, this certification does not require proof of subjective bad faith — it turns on whether the signer made a reasonable inquiry before presenting the paper.

Subdivisions (c) and (d) set the same 21-day safe-harbor mechanics found in Section 128.5: a sanctions motion must be served, not filed, giving the other side 21 days to withdraw or correct the offending paper, claim, defense, contention, allegation, or denial before the motion can be presented to the court; a court acting on its own motion follows the same cure period through an order to show cause. Any sanction imposed must be limited to deterring repetition, and represented parties are shielded from monetary sanctions for legal-contention violations that belong to counsel’s judgment. Subdivisions (f) and (g) mirror Section 128.5’s felony-plaintiff punitive-damages provision and its exclusion of discovery conduct, and subdivision (i) limits the section to a complaint or petition filed on or after January 1, 1995, and later papers filed in that same matter.

Frequently Asked Questions

What does signing a pleading certify under Section 128.7?

Under Section 128.7(b), signing, filing, submitting, or later advocating for a pleading, petition, or motion paper certifies that it is not presented for an improper purpose, that its legal contentions are warranted by existing or arguably changing law, and that its factual contentions and denials have or will likely have evidentiary support.

Does Section 128.7 require proof that the attorney acted in bad faith?

No. The certification in subdivision (b) turns on whether the signer made an inquiry reasonable under the circumstances, not on subjective bad faith, which distinguishes it from the bad-faith standard in Section 128.5.

Is there a chance to fix a problem before a Section 128.7 sanctions motion is filed?

Yes. Subdivision (c)(1) requires the sanctions motion to be served, not filed, giving the challenged party 21 days, or another period the court sets, to withdraw or correct the paper, claim, defense, contention, allegation, or denial.

What happens to an unsigned pleading in California?

Section 128.7(a) requires that it be stricken unless the missing signature is corrected promptly after the omission is brought to the attorney’s or party’s attention.

Which filings does Section 128.7 apply to?

Subdivision (i) applies the section to a complaint or petition filed on or after January 1, 1995, and to any other pleading, written notice of motion, or similar paper filed in that same matter.

Amendment History

Added Stats 1994 ch 1062 § 3 (AB 3594), operative until January 1, 1999. Amended Stats 1998 ch 121 § 2 (SB 1511), operative until January 1, 2003; Stats 2002 ch 491 § 1 (SB 2009); Stats 2005 ch 706 § 9 (AB 1742), effective January 1, 2006.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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