The probate department has a habit of issuing sanctions without notice or filing an order to show cause for sanctions. As an example the court has set a review hearing for proof of blocked account. The recommendation is to issue sanctions. There is no proof of service that the “parties” were advised of the recommendation nor was an order to show cause for sanctions filed.
CCP 177.5 requires NOTICE AND AN OPPORTUNITY TO BE HEARD.
CCP 177.5. A judicial officer shall have the power to impose reasonable
money sanctions, not to exceed fifteen hundred dollars ($1,500),
notwithstanding any other provision of law, payable to the court, for
any violation of a lawful court order by a person, done without good
cause or substantial justification. This power shall not apply to
advocacy of counsel before the court. For the purposes of this
section, the term “person” includes a witness, a party, a party’s
attorney, or both.
Sanctions pursuant to this section shall not be imposed except on
notice contained in a party’s moving or responding papers; or on the
court’s own motion, after notice and opportunity to be heard. An
order imposing sanctions shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.
HONORABLE Judge Mark A Cope
DATE: 08/06/15 TIME: 8:30 DEPT: T1
6. MCP1500252 Matter of REGINA ERAZO
Hearing re: Review re: Proof of Blocked Account
AURELIA ERAZO Petitioner LAW OFFICES OF BRENT A DUQ
REGINA ERAZO Minor LAW OFFICES OF BRENT A DUQ
Recommend sanctions issue if receipt is not filed
Court approved petition for compromise and ordered $7514.60
deposited into a blocked account
Order to deposit filed 07/06/15
No receipt for blocked account filed
Examined by J. Real on 06/05/15.
Updated by J Real on 06/22/15.
Reviewed by J. Real on 07/01/15. No new documents filed.
Updated by J Real on 07/23/15.