Sanctions: Court’s Sua Sponte Sanctions Order Reversed Because No Description Of Offending Conduct And Sanctions Cannot Be Awarded To Other Party

These Types of Sanctions Had To Go To Court.

     A lower court, on its own OSC, imposed sanctions against one of plaintiff’s attorneys and in favor of defendant under Code of Civil Procedure section 128.7(b), (d)(2), but this was reversed by the appellate court in Meusner v. Allstate Ins. Co., Case No. A136243 (1^st Dist., Div. 1 Feb. 28, 2014) (unpublished). Reasons? Two: (1) the lower court did not explain the conduct inspiring the sanctions (Code Civ. Proc., § 128.7(e)); and (2) these types of sanctions cannot be paid to the opposing side, but should be ordered payable to the court clerk (Interstate Specialty Markets, Inc. v. ICRA Sapphire, Inc., 217 Cal.App.4^th 708, 717 (2013) [discussed in our July 8, 2013 post, a decision from our local Santa Ana court authored by Justice Bedsworth]).