Form Does Matter When It Comes To Due Process.
In Timlick v. National Enterprise Systems, Inc., Case No. A165127 (1st Dist., Div. 3 Dec. 28, 2023) (unpublished), plaintiff was awarded $20,950 in attorney’s fees as a discovery “sanction” even though plaintiff’s notice of motion did not identify the party against whom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.