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CCP Section 2030.290 and 2031.300 monetary sanctions

Van Nuys, CA |
Filed under: Discovery

Who is entitled to this sanction payments when the court order says "RESPONDENT SHALL PAY THE PETITIONER" THE PETITIONER OR THE PETITIONER'S ATTORNEY?

Attorney Answers 3

  1. The way the court order reads, only the petitioner is entitled to the payment of the discovery sanctions. It is then up to the petitioner to pay the petitioner's attorney in accordance with whatever fee agreement they had.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  2. Mr. Chen is correct. However you should check your attorney-client agreement to see if this scenario has been dealt with in that agreement.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

  3. I think that depends on how the request for sanctions was posed to the court. If the court is awarding sanctions for attorney time spent chasing down discovery or preparing the motion and the hearing, and the client has not yet paid for those hours, the funds will probably go to the attorney. But if the client has already paid for that time, then it could be a reimbursement to the client. There are a lot of "if's" here and the answer largely depends on the motion and the order. The attorney-client agreement may also shed some light on this issue.

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