(a) Local rules promulgated pursuant to Section 575.1 may provide that if any counsel, a party represented by counsel, or a party if in pro se, fails to comply with any of the requirements thereof, the court on motion of a party or on its own motion may strike out all or any part of any pleading of that party, or, dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, or impose other penalties of a lesser nature as otherwise provided by law, and may order that party or his or her counsel to pay to the moving party the reasonable expenses in making the motion, including reasonable attorney fees. No penalty may be imposed under this section without prior notice to, and an opportunity to be heard by, the party against whom the penalty is sought to be imposed.
§ 575.2.Failure to Comply With Local Rules
Title 7a. Pretrial Conferences · Last amended 2003 · Last verified July 28, 2026
In one sentenceSection 575.2 lets local rules adopted under § 575.1 authorize sanctions -- striking a pleading, dismissing the action, entering a default judgment, or lesser penalties -- against a party or counsel who fails to comply, but only after notice and an opportunity to be heard, and directs that any penalty for counsel's fault fall on counsel rather than the client.
Full Text of § 575.2
(b) It is the intent of the Legislature that if a failure to comply with these rules is the responsibility of counsel and not of the party, any penalty shall be imposed on counsel and shall not adversely affect the party's cause of action or defense thereto.
Plain-English Summary
Local rules only have force if courts can enforce them. Section 575.2 supplies that enforcement mechanism. Subdivision (a) lets local rules adopted under § 575.1 provide that a court -- on a party's motion or on its own motion -- can strike out all or part of a pleading, dismiss the action or part of it, enter a default judgment, or impose some lesser penalty against any counsel, party represented by counsel, or self-represented party who doesn't comply with the rule's requirements. The court can also order that party or counsel to pay the moving party's reasonable expenses, including attorney's fees, for bringing the motion.
That power isn't unchecked. No penalty can be imposed without giving the party facing it notice and an opportunity to be heard first -- a due-process safeguard built directly into subdivision (a).
Subdivision (b) states a legislative preference rather than a hard rule: when noncompliance is counsel's responsibility and not the party's, the Legislature intends the penalty to land on counsel and not adversely affect the party's cause of action or defense. That preference matters in practice -- a court applying this section is expected to ask whose failure caused the problem before deciding who bears the consequence.
Frequently Asked Questions
What penalties can a court impose for violating local court rules?
Striking all or part of a pleading, dismissing the action or part of it, entering a default judgment, lesser penalties as otherwise provided by law, and an order to pay the moving party's reasonable expenses and attorney's fees.
Does the court have to give notice before imposing a penalty under § 575.2?
Yes, no penalty may be imposed without prior notice to, and an opportunity to be heard by, the party against whom it's sought.
If my lawyer misses a local-rule requirement, could I lose my case as a result?
Section 575.2(b) states the Legislature's intent that when counsel is responsible for noncompliance, the penalty should fall on counsel and not adversely affect the party's cause of action or defense.
Amendment History
Amended by Stats 2002 ch 806 (AB 3027),s 14, eff. 1/1/2003.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: sanctions for violating local court rules californiapenalty for failing to comply with local rules california