(a) Sanctions despite no opposition The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.
Rule 3.1348.Sanctions for failure to provide discovery
Division 11. Law and Motion · Chapter 6. Particular Motions · Article 4. Discovery Motions · Adopted 2001 · no amendments on record · Last verified July 29, 2026
In one sentenceRule 3.1348 lets a court award discovery sanctions on an unopposed motion to compel — even after opposition is withdrawn or the requested discovery arrives late — and makes clear that not opposing, not appearing, or voluntarily providing discovery after the motion is filed is never treated as an admission the motion was proper or that sanctions are warranted.
Full Text of Rule 3.1348
(b) Failure to oppose not an admission The failure to file a written opposition or to appear at a hearing or the voluntary provision of discovery shall not be deemed an admission that the motion was proper or that sanctions should be awarded.
Plain-English Summary
Discovery sanctions exist to punish and deter the failure to respond to discovery in the first place, not just to reward winning a motion. Rule 3.1348 makes sure that a party who forces the other side to file a motion to compel cannot avoid sanctions by capitulating at the last minute. If a party provides the discovery only after the motion is filed, withdraws its opposition, or never opposes the motion at all, the court can still award sanctions under the Discovery Act.
The rule works in both directions. Rule 3.1348(b) makes clear that silence cuts no ice on the flip side either — failing to file written opposition, failing to show up at the hearing, or handing over the discovery voluntarily is not, by itself, treated as an admission that the motion was proper or that sanctions should follow. Neither side gets an automatic result from a party’s decision not to fight the motion; the court still has to look at the underlying conduct that led to the motion being filed.
Frequently Asked Questions
Can a California court award discovery sanctions if the other side does not oppose the motion?
Yes. Rule 3.1348(a) allows sanctions under the Discovery Act even when no opposition was filed, opposition was withdrawn, or the discovery was provided after the motion was filed.
Does providing discovery after a motion to compel is filed avoid sanctions?
Not automatically. The court can still award sanctions under the Discovery Act even after the moving party gets the discovery it sought, under Rule 3.1348(a).
Does failing to oppose a discovery motion count as admitting it has merit?
No. Rule 3.1348(b) states that failing to oppose, failing to appear at the hearing, or voluntarily providing the discovery is not deemed an admission that the motion was proper or that sanctions should be awarded.
Amendment History
Rule 3.1348 renumbered effective January 1, 2009; adopted as rule 341 effective July 1, 2001; previously renumbered as rule 3.1030 effective January 1, 2007.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: discovery sanctions after late compliance Californiaunopposed motion to compel sanctions CaliforniaCRC rule 3.1348 discovery sanctions