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BARNES v. DEPARTMENT OF CORRECTIONS

No. F030743.

87 Cal.Rptr.2d 594 (1999)

74 Cal.App.4th 126

Richard I. BARNES, Plaintiff, v. DEPARTMENT OF CORRECTIONS, Defendant and Respondent; Adam Fairbairn, Objector and Appellant.

Court of Appeals of California, Fifth District.

As Modified August 20, 1999.

Attorney(s) appearing for the Case

John F. Hodges, Arroyo Grande, for Objector and Appellant.

Lozano, Smith, Smith, Woliver & Behrens, Peter K. Fagen and Eileen M. O'Hare, Fresno, for Defendant and Respondent.

OPINION

ARDAIZ, P.J.

INTRODUCTION

Subdivision (c)(1) of Code of Civil Procedure section 128.71 provides that a motion for sanctions under this section "shall not be filed with or presented to the court unless, within 30 days after service of the motion,`or such other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected...

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