Parker-Rhodes

In this case we hold that sanctions cannot be imposed upon counsel for violating a local court rule (Code Civ. Proc., § 575.2) unless the court provides counsel with an opportunity to be heard prior to the imposition of the sanction.

The law firm of Brekhus & Williams appeals from an order imposing a $150 sanction. Although we believe a sanction is appropriate, and that the sanction imposed was eminently reasonable, we reluctantly reverse with directions to the superior court to hold a hearing to allow counsel to be heard on the sanctions issue.

Attorney Barry Wester of Brekhus & Williams appeared to oppose a motion in the Superior Court of Marin County without having filed any written opposition as required by the court’s local rule. The trial court had learned from past experience that Brekhus & Williams may not file opposition to motions it believes to be nonmeritorious. The court pointed out to counsel that the local rule required written opposition to be filed, even to nonmeritorious motions, if counsel wanted to appear and argue against the motion.

The local rule at issue here, Marin Superior Court Law and Motion Policy section II, subdivision C, reads as…