Use this “At A Glance Guide” to learn the statewide rules of civil procedure applicable to bringing a motion for sanctions (non-discovery) in California Superior Court. For more detailed information, including local rules, see the California Superior Court SmartRules Guides: Motion for Sanctions (Non-Discovery), Opposition to Motion for Sanctions (Non-Discovery) and Reply in Support of Motion for Sanctions.
“Safe Harbor” Service Period
A motion for sanctions must be served twenty-one (21) days before it is filed. During this period, the party on whom the motion for sanctions was served may withdraw or appropriately correct the allegedly sanctionable paper. The usual notice period required by Code of Civil Procedure § 1005(b) applies after the twenty-one (21) day wait has expired. CCP § 128.7(c)(1). Thus the hearing can be no earlier than least sixteen (16) court days plus twenty-one (21) calendar days after initial service of the motion. CCP § 128.7(c)(1); CCP § 1005(b).
Motion for Sanctions (Non-Discovery) Rules
A motion for sanctions pursuant to Code of Civil Procedure § 128.7 must be made separately from any other motion. CCP § 128.7(c)(1).
A motion for sanctions must provide a description of the conduct that allegedly violates Code of Civil Procedure § 128.7. CCP § 128.7(c)(1).
Any sanction imposed for violation of Code of Civil Procedure § 128.7(b) must be limited to what is sufficient to deter repetition of the conduct by others similarly situated. A sanction may be a directive of a nonmonetary nature, or a monetary penalty payable to the moving party of some or all of the reasonable attorney’s fees and expenses incurred as a result of the violation. CCP § 128.7(d).
The court may award to the prevailing party reasonable expenses and attorney’s fees incurred in presenting or opposing the motion for sanctions. CCP § 128.7(c)(1).
Code of Civil Procedure § 128.7 does not apply to discovery documents including requests, responses, objections and discovery motions. CCP § 128.7(g).
In addition to any other sanctions permitted by law, the court may order a person, after written notice and an opportunity to be heard, to pay reasonable monetary sanctions to the court or an aggrieved person, or both, for failure without good cause to comply with the applicable rules. For the purposes of this rule, “person” means a party, a party’s attorney, a witness, and an insurer or any other individual or entity whose consent is necessary for the disposition of the case. If a failure to comply with an applicable rule is the responsibility of counsel and not of the party, any penalty must be imposed on counsel and must not adversely affect the party’s cause of action or defense thereto. CRC 2.30(b).
Sanctions must not be imposed under this rule except on noticed motion by the party seeking sanctions or on the court’s own motion after the court has provided notice and an opportunity to be heard. A party’s motion for sanctions must (1) state the applicable rule that has been violated, (2) describe the specific conduct that is alleged to have violated the rule, and (3) identify the attorney, law firm, party, witness, or other person against whom sanctions are sought. The court on its own motion may issue an order to show cause that must (1) state the applicable rule that has been violated, (2) describe the specific conduct that appears to have violated the rule, and (3) direct the attorney, law firm, party, witness, or other person to show cause why sanctions should not be imposed against them for violation of the rule. CRC 2.30(c).
In addition to the sanctions awardable under (b), the court may order the person who has violated an applicable rule to pay to the party aggrieved by the violation that party’s reasonable expenses, including reasonable attorney’s fees and costs, incurred in connection with the motion for sanctions or the order to show cause. CRC 2.30(d).
An order imposing sanctions must be in writing and must recite in detail the conduct or circumstances justifying the order. CRC 2.30(e).
The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.