Due process violations alive and well in Department PS2 of the Riverside Superior Court.

The Riverside Superior Court has completely re-structured itself for reasons largely unknown to the general public.  All civil cases for example were moved to Palm Springs. One would assume that with the re-structuring and new judges that the law would prevail and be applied. Alas that is not the case.  A tentative decision in a civil case was very specific in its due process violations involving attorneys.

In INC 1205453 Dobbins v. Dobbins the court announced a tentative decision to sanction the attorneys for filing a motion to compel further responses to special interrogatories. The reason cited was lack of justification for filing the motion, i.e. “Court finds that this motion was filed without substantial justification, and imposes  sanctions against the moving party in the amount of $750.00 payable to defense within  20 days. Prevailing party to give notice.”

Both parties in that case are represented by attorneys which requires that notice and opportunity to be heard  be provided before allocating sanctions to satisfy the legislative mandatory due process requirements. The relevant appeal cases have already addresses that issue:

Blumenthal v. Superior Court (1980), 103 Cal..App.3d 317Corralejo v. Quiroga (1984), 152 Cal.App.3d 871 [notice for 128.5 sanctions against attorney required too satisfy due process].
 In another case the court denied an exparte citing an invalid proof of service when the notice of exparte hearing was mailed.
The manner of the notice is not specified and a party may notify another party by mail of an exparte hearing as long as the notification is before ten am the prior business day, pursuant to CA rule 3.1203
Perhaps the Court may want to familiarize itself with the law instead of allocating a belief standard to its rulings violating CA rules of court and the mandatory equal protection and legislative due process standard defined by the relevant statute.

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