Sanctions: $20,950 Discovery Sanctions Order Reversed Because Notice Of Motion Did Not Provide Due Process Notice To Defendant On The Basis For Such An Award

Form Does Matter When It Comes To Due Process.

            In Timlick v. National Enterprise Systems, Inc., Case No. A165127 (1^st Dist., Div. 3 Dec. 28, 2023) (unpublished), plaintiff was awarded $20,950 in attorney’s fees as a discovery “sanction” even though plaintiff’s notice of motion did not identify the party against whom the discovery sanctions was sought, did not indicate that the motion sought fees as a discovery sanction, or did not identify the code sections under which the motion was brought.  The appellate court found that this was a due process violation, because sanctions motions must be more precise and a lower court’s sua sponte decision to award them as a discovery sanction following an unsuccessful appeal by the defense did not satisfy due process concerns.