Blumenthal v. Superior Court

Opinion

WHITE, P. J.

This petition presents the question of whether discovery sanctions under Code of Civil Procedure section 2034, subdivision (d) may be ordered against an attorney where the moving papers seek sanctions only against his clients. We have concluded that the $1,000 award against petitioner must be annulled because petitioner was not given notice and a reasonable opportunity to defend against the sanction.

On August 28, 1979, after petitioner’s client failed to appear for a deposition scheduled for the previous day, real parties in interest, the plaintiffs below, noticed a motion…