The Second Appellate District affirmed and reversed orders. In the published portion of its opinion, the court held that a trial court order denying a plaintiff his motion to vacate his voluntary dismissal of his action following service on him of a motion for Code Civ. Proc. §128.7 sanctions deprived him of the full 21-day safe harbor period mandated by §128.7, where his motion to dismiss was denied on the 19th day following service of the section 128.7 motion.
Joseph Li worked as executive sous chef in a resort operated by Majestic Industry Hills, LLC (MIH). MIH terminated Li. Li sued MIH on theories that included wrongful termination in violation of public policy. Li alleged that MIH fired him in retaliation for his complaints about its alleged use of spoiled or adulterated food. The parties settled the litigation. Li dismissed his action with prejudice in 2003. Some years later, with new counsel, Li moved to vacate the dismissal. Li personally served the motion on MIH on March 14, 2008.
