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What happens when sanctions are awarded in a California lawsuit but they are not paid?
The most common type of sanctions are discovery awards. We believe many of the court ordered sanctions are never paid.
But they would be if more attorneys knew they could be enforced as a separate judgment!
In Newland v. Superior Court (1995) 40 Cal.App.4th 608, 610, the court said:
The time has come to reassert a well-established but apparently not well-known rule about monetary sanctions in discovery.... A monetary sanction is immediately enforceable as a judgment, unless the court rules that it is not.
At page 615 the court further noted:
Weil and Brown observe that many attorneys seem to be unaware that monetary sanction orders are enforceable through the execution of judgment laws. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial 3 (The Rutter Group 1994) paragraphs 9:344.21, 9:344.22, p. 9(1)-92.) These orders have the force and effect of a money judgment, and are immediately enforceable through execution, except to the extent the trial court may order a stay of the sanction. (See sections 680.230, 680.270, 699.510, subd. (a); Jones v. Otero, supra, 156 Cal. App.3d at p. 759.)
In 20th Century Insurance Co. v. Choong (2000) 79 Cal.App.4th 1274, it was noted that a sanction can be recovered by levying on the person's property.
In Jones v. Otero (1984) 156 Cal.App.3d 754, 759, the court bluntly stated:
An order imposing monetary sanctions may be enforced under the Enforcement of Judgments Law (Code Civ. Proc., section 680.010 et seq.). (See Code Civ. Proc., sections 680.230, 680.270.)
Can it be time consuming to try and collect a judgment? Sure, but probably not against an attorney.
Imagine their surprise when you ask for a disclosure of all their assets, bank accounts, stock, etc.
Haul them into court for an asset examination. You'll likely get the sanctions paid before that happens.
It is easy enough to take a judgment and slap a lien on a home. When it comes time to sell the house, or to refinance, you will get paid - plus 10% legal interest! That interest can really add up over the years.
Example: We saw a case where the plaintiff's attorney was sanctioned $7500 for discovery related matters.
The defense attorney then obtained a writ of execution directing the sheriff to collect the amount from the attorney.
