Quick Answer: Code of Civil Procedure section 2023.030 lists the sanctions a California court can impose for misuse of discovery: monetary, issue, evidence, terminating, and contempt sanctions. It does not create a standalone right to sanctions. It applies "to the extent authorized" by the rules for each discovery method, which in a divorce usually means a motion to compel. That makes the steps that come first critical: serve proper discovery, meet and confer in person, by phone, or by video, and file the motion within the deadline. Courts generally start with monetary sanctions and move to harsher ones only when a party disobeys court orders.
Our existing posts survey the full range of sanctions in California family courts and Family Code 271 fee awards. This post is narrower and procedural. It covers how discovery sanctions are actually requested and obtained in a divorce, the steps that must come first, and the mistakes that cause courts to deny them, or to sanction the party who asked.
How Discovery Works in a Divorce
Family law cases use the Civil Discovery Act, which begins at Code of Civil Procedure section 2016.010: interrogatories, requests for production, requests for admission, depositions, and subpoenas. These tools sit alongside the mandatory financial disclosures required by Family Code sections 2100 to 2113, which our post on financial disclosures covers. When disclosures are incomplete, formal discovery is how you get the rest. Our post on high-asset discovery discusses strategy.
What Section 2023.030 Actually Says
Section 2023.030 provides that, "to the extent authorized by the chapter governing any particular discovery method or any other provision of this title," the court, after notice and an opportunity for a hearing, may impose:
Monetary sanctions (subdivision (a)): the reasonable expenses, including attorney's fees, caused by the misuse. When a monetary sanction is authorized, the court must impose it unless the person acted with substantial justification or other circumstances make it unjust. The same subdivision allows sanctions against a party who unsuccessfully claims that someone else misused discovery.
Issue sanctions (subdivision (b)): designated facts are taken as established, or a party is barred from supporting or opposing certain claims or defenses.
Evidence sanctions (subdivision (c)): a party is barred from introducing designated evidence.
Terminating sanctions (subdivision (d)): striking pleadings, staying the party's case, dismissal, or a default judgment.
Contempt (subdivision (e)).
Section 2023.010 lists misuses of discovery. Examples include failing to respond, giving evasive responses, making unmeritorious objections, disobeying a court order, and failing to meet and confer in person, by telephone, or by videoconference when the statute for a particular motion requires it.
From Ignored Discovery to Sanctions, Step by Step
Step 1: Serve proper discovery. Use the correct Judicial Council form interrogatories or properly drafted requests, allow the response time (generally 30 days after service, plus any extension for the method of service), and keep proof of service.
Step 2: If there is no response at all. When a party fails to respond on time, objections are generally waived (for interrogatories, Code of Civil Procedure section 2030.290; for document requests, section 2031.300), and you can move to compel responses. No meet and confer declaration is required for a total failure to respond, although a short reminder is wise.
Step 3: If responses are incomplete or evasive, meet and confer. A motion to compel further responses must include a meet and confer declaration (sections 2030.300(b) and 2031.310(b)). As amended effective January 1, 2026, section 2016.040 requires that declaration to show a reasonable and good faith attempt to resolve each issue informally "in person, by telephone, or by videoconference." A detailed letter is still useful to frame the issues, but a letter alone does not satisfy the statute. The declaration must also say whether the parties conferred about hiring a certified shorthand reporter for the hearing.
Step 4: Watch the 45-day deadline. A motion to compel further responses must be noticed within 45 days of service of the verified response, or any supplemental verified response, unless the parties agree in writing to a later date (for interrogatories, section 2030.300(c); for document requests, section 2031.310(c)). Missing this deadline waives the right to compel further responses, so get any extension in writing.
Step 5: File the motion with a separate statement. California Rules of Court, rule 3.1345 generally requires a separate statement that sets out each request, the response, and why a further response should be compelled. No separate statement is needed when no response was served at all, and under sections 2030.300(b)(2) and 2031.310(b)(3) the court may allow a concise outline instead. A motion to compel further responses to document requests must also set out specific facts showing good cause for the documents sought (section 2031.310(b)(1)). Under section 2023.040, the notice of motion must identify every party, person, and attorney against whom sanctions are sought and the type of sanction, supported by a declaration of the facts behind the amount.
Step 6: If the court's order is disobeyed, escalate. Issue, evidence, and terminating sanctions usually follow a violated order, not a first discovery failure. In Newland v. Superior Court (1995) 40 Cal.App.4th 608, the Court of Appeal held that a terminating sanction imposed solely for failure to pay an earlier monetary sanction was an abuse of discretion, because the monetary sanction could be enforced as a money judgment. Terminating sanctions in a divorce are rare and reserved for persistent, willful disobedience.
How Family Law Changes the Picture
Fiduciary disclosure duties. Spouses owe each other disclosure duties under Family Code sections 721 and 2102. When a spouse fails to provide a required declaration of disclosure, Family Code section 2107 lets the other spouse move to compel or to bar evidence, and requires money sanctions that include reasonable attorney's fees, separate from section 2023.030.
Section 271 is different. Family Code section 271 awards address conduct that frustrates settlement. They are often requested together with discovery sanctions, but they rest on different standards.
The $1,000 sanction. Code of Civil Procedure section 2023.050 requires a $1,000 sanction, on request, when a party, person, or attorney did not respond in good faith to a document request, produced documents within seven days before a hearing on a motion to compel, or failed to confer in good faith about the request, unless the court finds substantial justification or other circumstances that make it unjust.
Self-represented spouses. Under section 2023.050(e), a person who did not have a lawyer when the conduct occurred is presumed to have acted in good faith for purposes of that $1,000 sanction, and the presumption can be overcome only by clear and convincing evidence.
Proportionality. Overbroad, repetitive requests invite objections and can lead to sanctions against the requesting party.
Mistakes That Backfire
Skipping or faking the meet and confer. A motion without a genuine effort can be denied, and sanctions can be imposed on the moving party.
Missing the 45-day window. This is one of the most common reasons motions to compel further responses fail.
Overreaching. Asking for terminating sanctions on a first motion rarely succeeds and can hurt credibility.
Weak fee proof. Monetary sanctions need a declaration that explains the time actually spent and the hourly rates.
Key Takeaways
Check Every Verification
Confirm each set of responses came with a signed verification, and follow up promptly in writing if one is missing.
Write Narrow Requests
Tightly drafted requests are easier to enforce and harder for the other side to call oppressive.
Keep a Meet and Confer Log
Record each call or video meeting, who attended, and what was agreed, so your declaration is ready.
Ask for Fees in the Notice
Request monetary sanctions in the notice of motion and support the amount with a fee declaration.
Frequently Asked Questions
Can I get sanctions just because my spouse answered late? Late responses alone are usually handled through a motion to compel, which may include monetary sanctions. More severe sanctions usually require disobedience of a court order.
What is the 45-day rule? A motion to compel further responses to interrogatories or document requests must be noticed within 45 days of service of the verified responses, unless the parties agree in writing to a later date.
Does a meet and confer letter count? A letter helps frame the issues, but for a motion to compel further responses, section 2016.040 requires an attempt to resolve each issue in person, by telephone, or by videoconference.
Can the person asking for sanctions be sanctioned? Yes. Section 2023.030(a) allows monetary sanctions against a party who unsuccessfully claims misuse, and sections 2030.300(d) and 2031.310(h) require sanctions against a party who unsuccessfully makes or opposes a motion to compel further responses, unless there was substantial justification.
If the other side is stonewalling discovery in your divorce, the order of the steps matters as much as the motion. To talk with Attorney Michael Geller about your options, call The Geller Firm at 415-840-0570 to schedule a consultation.