(a) Notwithstanding any other law, and in addition to any other sanctions imposed
pursuant to this chapter, a court shall impose a two hundred and fifty dollar ($250)
sanction, payable to the requesting party, upon a party, person, or attorney if, upon
reviewing a request for a sanction made pursuant to Section 2023.040, the court finds any of the following:
(2) The party, person, or attorney produced requested documents within seven days
before the court was scheduled to hear a motion to compel production of the records
pursuant to Section 2025.450, 2025.480, or 2031.320 that is filed by the requesting party as a result of the other party, person, or
attorney's failure to respond in good faith.
(3) The party, person, or attorney failed to confer in person, by telephone, letter,
or other means of communication in writing, as defined in Section 250 of the Evidence Code, with the party or attorney requesting the documents in a reasonable and good faith
attempt to resolve informally any dispute concerning the request.
(c) The court may excuse the imposition of the sanction required by subdivision (a)
if the court makes written findings that the one subject to the sanction acted with
substantial justification or that other circumstances make the imposition of the sanction
(d) Sanctions pursuant to this section shall be imposed only after notice to the party,
person, or attorney against whom the sanction is proposed to be imposed and opportunity
for that party, person, or attorney to be heard.
(e) For purposes of this section, there is a rebuttable presumption that a natural
person acted in good faith if that person was not represented by an attorney in the
action at the time the conduct that is sanctionable under subdivision (a) occurred. This presumption may only be overcome by clear and convincing evidence.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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