Lund v. Superior Court

In Lund v. Superior Court (1964) 61 Cal.2d 698, the court was concerned with the power of a court to impose sanctions on a nonparty, without formal contempt proceedings instituted by an order to show cause, for the failure of the nonparty to appear at a deposition. At bench, Goodman subjected himself to court jurisdiction by appearing for his deposition with his attorney and refused to answer proper questions. In recognizing that the manner of bringing a defaulting party before the court in the first instance is by notice of motion, the Lund court stated: "But the code section 2034, subd. (a) specifically limits notice of motion as the proper procedure to institute sanctions against parties (including their officers, directors, superintendents, members, agents, employees, and managing agents), and persons for whose immediate benefit the action is brought or defended (id., subd. (b)(2)), or against deponents who have subjected themselves to court jurisdiction by appearing for deposition and thereafter refuse to answer proper questions (id., subd. (a))." ( Id. at pp. 712-713.)