Sanctions: Sanctions Order Is Affirmed Where Properly Filed Motion To Quash Was Not Timely Withdrawn After It Became Unnecessary

Court Adopts Broad Interpretation To Statutory Reference To When The “Motion Was Made”.

     In a published decision, the Sixth District, Division 1, affirms and holds “that a trial court may impose sanctions under Code of Civil Procedure section 1987.2 against a litigant for pursuing a motion to quash that, even though legitimately filed, was rendered unnecessary by a subsequent amendment or withdrawal of the subpoena.”  Evilsizor v. Sweeney, No. A140059 (1/1 Oct. 28, 2014).

     California Code of Civil Procedure, section 1987.2(a) provides that in making an order on a motion to quash, “the court may in its discretion award the amount of the reasonable expenses incurred in . . . opposing the motion, including reasonable attorney’s fees, if the court finds the motion was made . . . in bad faith or without substantial justification . . .”

     Here, the motion to quash was filed in good faith.  So what about the failure to withdraw the motion sooner?  The case hinges on how broadly the statutory phrase “motion was made” may be interpreted.  The answer here is “broadly” – for the phrase is interpreted to cover the failure to withdraw the motion sooner, once it became obvious that the motion to quash the subpoena was unnecessary because the subpoena had been amended.

     FYI:  The sanctions order was for $2,225 in attorney fees, half of what had been requested.