Judge: Audra Mori, Case: 18STCV08789, Date: 2022-10-17 Tentative Ruling

Case Number: 18STCV08789    Hearing Date: October 17, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

1. Background

Plaintiff Basitta Minter (“Plaintiff”) filed this action against Defendant Joyce Harlan (“Defendant”) for damages arising from a motor vehicle accident.

On July 13, 2022, Defendant’s motion for monetary sanctions against Plaintiff’s counsel, Hess Panah (“Panah”), was heard and granted.  After finding Panah engaged in a misuse of the discovery process, sanctions in the amount of $1,520.00 were imposed against Panah to be paid within 20 days.  Defendant filed notice of the ruling with proof service on Panah on July 14, 2022.  Defendant avers that to date, Panah has not paid any of the sanctions. 

Defendant now moves for entry of judgment in the amount of $1,520.00 in favor of Defendant against Panah.  The motion is unopposed. 

Defendant asserts that despite multiple attempts to secure Panah’s compliance with the sanctions order, Panah refuses to comply with the order.  Defendant contends that monetary sanctions are the equivalent of a judgment, and so a judgment should be entered against Panah for Panah’s failure to pay the sanctions. 

2. Motion for Entry of Judgment

“ ‘Judgment’ means a judgment, order, or decree entered in a court of this state.”  (CCP § 680.230.)  “ ‘Money judgment’ means that part of a judgment that requires the payment of money.”  (Id. at § 680.270.)  “[A]fter entry of a money judgment, a writ of execution shall be issued by the clerk of the court, upon application of the judgment creditor, and shall be directed to the levying officer in the county where the levy is to be made and to any registered process server.”  (Id. at § 699.510(a).)  “Sanctions orders have the force and effect of a money judgment.”  (Constellation-F, LLC v. World Trading 23, Inc. (2020) 45 Cal.App.5th 22, 30, citing Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)  “[M]any attorneys seem to be unaware that monetary sanction orders are enforceable through the execution of judgment laws. [Citation.] 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.”  (Newland, 40 Cal.App.4th at 615.) 

In this case, while Defendant’s frustration with Plaintiff’s counsel is understandable, Panah is not a party to this action, and Defendant cites no authority suggesting that a judgment can be entered against Panah.[1]  As Defendant acknowledges, monetary sanctions orders have the force and effect of a money judgment, and thus, the proper recourse to recover sanctions would be for Defendant to enforce the sanctions order as a money judgment pursuant to the Enforcement of Judgments Law.  (CCP § 680.010, et seq.; see Newland, 40 Cal.App.4th at 615.)  Because sanctions orders are enforceable as money judgments, a remedy to enforce payment of monetary sanctions is to obtain and levy a writ of execution on assets of the debtor.  There is no need for a separate judgment against Panah.  Defendant may enforce the sanction order through the normal procedures for enforcing a monetary judgment.  (See Newland, 40 Cal.App.4th at 615.) 

Defendant’s motion for entry of judgment on the sanctions order against Plaintiff’s counsel is denied.

Defendant is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 17^th day of October 2022