What is the test for certifying an opposing attorney that every pleading, pleading, motion or other similar paper has merit?

Code of Civil Procedure section 128.7 requires attorneys (or parties if they are unrepresented) to certify, through their signature on documents filed with the court, that every pleading, motion or other similar paper presented to the court has merit and is not being presented for an improper purpose. (Musaelian v. Adams (2009) 45 Cal.4th 512, 516; 128.7, subd. (b)(1)-(4).) If, after notice and a reasonable opportunity to respond, the court determines the certification was improper under the circumstances, it may impose an appropriate sanction. ( 128.7, subd. (c).)¹²

Under the "safe harbor" provision of subdivision (c)(1) of section 128.7, a party seeking sanctions must serve on the opposing party, without filing or presenting to the court, a notice of motion specifically describing the sanctionable conduct. This service of the motion initiates a 21-day "hold" or "safe harbor" period.¹³ (Martorana v. Marlin &

Page 18