Who is entitled to this sanction payments when the court order says "RESPONDENT SHALL PAY THE PETITIONER" THE PETITIONER OR THE PETITIONER'S ATTORNEY?
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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Employment / Labor Attorney
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.
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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.