Opinion
NOT TO BE PUBLISHED
Received for posting 7/14/08
The County of Riverside, Super. Ct. No. RIF123815
OPINION
HOLLENHORST, Acting P. J.
THE COURT
In this matter, we have reviewed the petition, the opposition, and the reply. We have determined that resolution of the matter involves the application of settled principles of law, and that issuance of a peremptory writ in the first instance is therefore appropriate. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178.)
As respondent concedes that the orders for sanctions did not meet the requirements for a valid contempt order, we need not discuss that point.
Respondent’s attempt to rely on the authority provided by Code of Civil Procedure section 177.5 fails because a sanction may not be imposed under that statute without notice and a written order, and it is indisputable at least that there was no written order here. Just as a tardy attempt to meet the “written order” requirement for contempt is ineffective (In re Easterbrook (1988) 200 Cal.App.3d 1541), so too we reject the argument that the trial court here should be allowed to cure its failure to follow the statutory procedure.
The other arguments made by respondent are unpersuasive. The court does not have a nonstatutory, inherent power to impose punitive money sanctions. (Bauguess v. Paine (1978) 22 Cal.3d 626; Andrews v. Superior Court (2000) 82 Cal.App.4th 779.) Cases involving sanctions awarded under Code of Civil Procedure section 128.5 and designed to compensate the other party are inapposite. (E.g., In re Marriage of Gumabao (1984) 150 Cal.App.3d 572.)
We decline to address petitioner’s arguments relating to the enforceability of a purportedly unwritten “local court rule” relating to the attorney’s duty to give priority to “last-day” cases. Because the record does not indicate that real party in interest was late because he was handling another case in defiance of such a rule, the issue is not before us.
Let a peremptory writ of mandate issue, directing the Superior Court of Riverside County to vacate its order directing real party in interest to pay money sanctions.
Petitioner is DIRECTED to prepare and have the peremptory writ of mandate issued, copies served, and the original filed with the clerk of this court, together with proof of service on all parties.
We concur: GAUT, J., MILLER, J.