CCP § 575.2 So Allows, And Attorneys Beware That Sanctions Can Be Imposed Even Where Attorney Requested, But Was Denied, A Telephonic Appearance.
A former attorney failing to attend a mandatory pretrial issues conference and failing to file pretrial documents in Contra Costa Superior Court was hit with $6,178.26 in sanctions after the appellate court reversed more severe sanctions in an earlier opinion. Former attorney appealed, but to no avail in Uwadiale v. Makiyama, Case No. A143567 (1st Dist., Div. 5 Sept. 2, 2015) (unpublished).
Code of Civil Procedure section 575.2 does allow trial courts authority to provide, by local rule, for sanctions—including monetary sanctions in the form of reasonable attorney’s fees—for failure to comply with local rules. Here, former attorney violated the Contra Costa Superior Court local rules and was liable for sanctions. (Rietveld v. Rosebud Storage Partners, 121 Cal.App.4th 240, 255, 257 (2004).) Former attorney argued there was a due process violation because he was not allowed to appear telephonically; however, this is a discretionary call by the trial court and “[t]hat the court did not allow [former attorney] to appear at the hearing by telephone does not demonstrate a denial of due process.” (Slip Op., p. 4.)