Sanctions under the Civil Discovery Act

Part 4, Title 4, Chapter 7 of the California Code of Civil Procedure deals with sanctions in instances of civil discovery. Section 2023.010 includes nine specified instances of misuses of the discovery process, but notes that the list is not exhaustive.

Section 2023.020 requires the court to impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.

Section 2023.030 authorizes a court, after notice to any affected party, person, or attorney, and after opportunity for hearing, to impose six specified sanctions against anyone engaging in conduct that is a misuse of the discovery process. In addition, in specified instances, the court may impose a terminating sanction based upon one of five specified orders.

In addition, the court may impose a contempt sanction by an order treating the misuse of the discovery process as a contempt of court. However, the court is not allowed to impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten.

Section 2023.040 requires a request for a sanction to identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion must be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought.

Section 2023.050 requires a court to impose a $1,000 sanction, payable to the requesting party, upon a party, person, or attorney if, upon reviewing a request for a sanction the court finds any of three specified conditions. The court may require an attorney who is sanctioned to report the sanction, in writing, to the State Bar within 30 days of the imposition of the sanction.

Sanctions can only be ordered after notice to the responsible party or attorney and an opportunity to be heard. The court may excuse the imposition of the sanction if the court makes written findings that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.