California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 7a — Pretrial Conferences, Section 575.2

(a) Local rules promulgated pursuant to Section 575.1 may provide that if any counsel, a party represented by counsel, or a party if in pro se, fails to comply with any of the requirements thereof, the court on motion of a party or on its own motion may strike out all or any part of any pleading of that party, or, dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, or impose other penalties of a lesser nature as otherwise provided by law, and may order that party or his or her counsel to pay to the moving party the reasonable expenses in making the motion, including reasonable attorney fees. No penalty may be imposed under this section without prior notice to, and an opportunity to be heard by, the party against whom the penalty is sought to be imposed.

(b) It is the intent of the Legislature that if a failure to comply with these rules is the responsibility of counsel and not of the party, any penalty shall be imposed on counsel and shall not adversely affect the party’s cause of action or defense thereto.

Notes

Allows local rules to authorize sanctions for noncompliance, including striking pleadings, dismissal, default judgment, lesser lawful penalties, and reasonable motion expenses including attorney’s fees, but only after notice and an opportunity to be heard. The Legislature states that when counsel alone is responsible, penalties should fall on counsel without harming the party’s claim or defense.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 575.2 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-7a/section-575-2

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