I recently received an inquiry regarding Code of Civil Procedure section 2023.050, which now states that the court SHALL impose sanctions of $1000 payable to the requesting party regarding requests for production of documents in deposition notices or document demands. These were the facts:
Plaintiff brought a Motion to Compel Further Responses to Requests for Production of Documents. Defendant opposed the motion and won. The Judge then sanctioned the Defendant $1000.00 stating that he had no choice but to sanction the defendant pursuant to CCP 2023.050 as Plaintiff asked for sanctions and Defendant didn’t. The Judge also told defense counsel that if Defendant had asked for sanctions, he would have awarded Defendant the $1000.00. Defense counsel was bewildered with the imposition of sanctions and asked me if the Judge was correct.
No, the Judge was not correct. Code of Civil Procedure §2023.050 states:
(a) Notwithstanding any other law, and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose a one-thousand-dollar ($1,000) sanction, payable to the requesting party, upon a party, person, or attorney if, upon reviewing a request for a sanction made pursuant to Section 2023.040, the court finds any of the following:
(1) The party, person, or attorney did not respond in good faith to a request for the production of documents made pursuant to Section 2020.010, 2020.410, 2020.510, or 2025.210, or to an inspection demand made pursuant to Section 2031.010.
(2) The party, person, or attorney produced requested documents within seven days before the court was scheduled to hear a motion to compel production of the records pursuant to Section 2025.450, 2025.480, or 2031.320 that is filed by the requesting party as a result of the other party’s, person’s, or attorney’s failure to respond in good faith.
(3) The party, person, or attorney failed to confer in person, by telephone, letter, or other means of communication in writing, as defined in Section 250 of the Evidence Code, with the party or attorney requesting the documents in a reasonable and good faith attempt to resolve informally any dispute concerning the request…
(c) The court may excuse the imposition of the sanction required by subdivision (a) 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. [emphasis added]
In this scenario, not only had the Judge not referenced any findings under C.C.P. §2023.050 (a)(1)- (3), but the facts did not warrant such a finding. Furthermore, pursuant to Code of Civil Procedure §2023.050 and C.C.P. §2031.300(c) sanctions should never have been imposed as Defendant acted with substantial justification by winning the motion.
This is another example of the need for counsel to be prepared with current statutes and case law to educate the court when drafting their papers and appearing at the hearing.