§ 2023.040.Requests for sanctions; form and supporting documents

Before a court can impose a sanction under this chapter, the moving party has to lay the request out clearly enough that everyone affected knows exactly what is being sought and against whom. This section sets that baseline: the notice of motion must name every person, party, and attorney the movant wants sanctioned, and it must specify which kind of sanction, monetary, issue, evidence, terminating, or contempt, the motion asks for.

The section also requires the substantive backup that lets a court rule on the request with confidence. A memorandum of points and authorities has to support the motion, and if the movant wants a monetary sanction, a declaration has to set out the facts behind the dollar amount, the work performed, the time spent, the rate charged, so the court and the opposing party can evaluate whether the requested figure is reasonable rather than taking it on faith. This specificity requirement dovetails with the notice-and-hearing prerequisite in Section 2023.030: a party or attorney facing a possible terminating sanction or a five-figure fee award is entitled to know that in advance, not to discover it for the first time at the hearing.