Eby v. Chaskin

California Court of Appeal Jul 25, 1996 No. B096730Published

Before: Baron

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Holding. The court held that the imposition of sanctions against counsel violated due process because the attorneys were not provided with adequate notice or an opportunity to be heard prior to the order. Furthermore, the sanctions order failed to meet statutory requirements for specificity and lacked a valid legal basis.

Issues

Whether the trial court violated due process by imposing sanctions on counsel without notice or an opportunity to be heard.
Whether the sanctions order complied with the procedural requirements of Code of Civil Procedure section 128.5.
Whether Code of Civil Procedure section 708.170 authorizes the imposition of sanctions against a judgment debtor's counsel.

Disposition. reversed

Quotations verified verbatim against the opinion

“Due process mandates adequate notice and opportunity to be heard prior to the imposition of sanctions.”

“The record here demonstrates that the court did not give Roney an opportunity to be heard before ordering her to pay sanctions.”

“The order does not recite details of the conduct or circumstances that justify imposition of sanctions on Roney, contrary to Code of Civil Procedure section 128.5, subdivision (c).”

Opinion

BARON, J.

At a judgment debtor examination, the court imposed sanctions on the judgment debtor’s counsel. We conclude that the court’s decision to impose sanctions violated due process and reverse the order awarding sanctions.

[1047]

Factual and Procedural Background

The record in the present appeal discloses the following facts.

On January 13, 1995, judgment was entered in favor of respondents and against plaintiff and appellant Vicki Lyn Eby in the underlying action. The judgment awarded respondents their costs and disbursements.

On March 27, 1995, Eby was ordered to appear at a judgment debtor examination set for May 15, 1995. Eby failed to appear at the examination, but her counsel, Buffy Lyn Roney, was present. Roney told the court Eby was ill and unable to attend. The examination was continued to May 31.

On that date, Eby appeared and was represented by Daniel Shanley. However, Eby failed to produce some documents she had been required to bring. Eby alleged she had not received a full copy of the request for production of documents. The court ordered her to obtain a declaration from her doctor concerning her failure to appear at the May 15 hearing and continued the examination to June 28.

On June 28, Eby appeared, apparently with the required documents, but without her counsel. The examination proceeded in her counsel’s absence. The court’s June 28 minute order states that “[t]he court orders counsel for the judgment debtor, D. M. Shanley and Buff [s/c] Romey

[sic\\

to pay attorney fees jointly [and] severally the amount of $500.00 within 15 days of the service of the order.” The court ordered the judgment creditor to prepare an order.

On August 3, Eby filed a motion for reconsideration of the sanctions order. Roney’s attached declaration stated that Eby had told Roney before the May 15 hearing that she was ill, that through an error in fax transmission Eby did not receive a full copy of the request for production of documents from Roney prior to the May 31 hearing, that Roney did not appear at the June 28 hearing because she was called away for a surprise military inspection, and that Roney never had notice that sanctions might be imposed upon

Eby v. Chaskin

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BARON, J.

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