Legal Question in Civil Litigation in California

California Legal system:

If a court sanctions an attorney and client for not answering interrogatories, does that make them in contempt of court? If that sanction is not paid, can a client who changed attorney's still go back to court without paying the contempt and file any other motions?


Asked on 6/02/10, 10:47 pm

2 Answers from Attorneys

Mark Storm Law Office of Mark Storm 916-739-8552

No, it's not contempt to have sanctions awarded against you. If you violate the court's discovery order by failing to respond to interrogatories or whatever it is, then the court could find you in contempt. Having the sanctions award out there does not prevent you from participating in further court proceedings, so you can still go back to court without paying the sanctions, but you will need to comply with the court order in other respects, like responding to the interrogatories as ordered, or the court could wipe out your entire case or defense. The sanctions award is basically treated like a money judgment against you. If you don't pay it, then the other party can try to enforce it against you like they would an ordinary money judgment (e.g., garnish wages, levy bank accounts, etc.).

Read more
Answered on 6/03/10, 8:37 am
Anthony Roach Law Office of Anthony A. Roach

Sanctions orders for not complying with discovery have nothing to do with contempt. Sanctions are enforceable the same as judgments, and that is how I enforce them in my practice. You can file other motions, but if you continue to refuse to provide discovery responses, the court can order more severe sanctions (non-monetary) such as issue sanctions or terminating sanctions. Terminating sanctions are more serious, because that involves a dismissal of your case, or the striking of your answer and the entry of your default.

Read more
Answered on 6/03/10, 9:47 am


Related Questions & Answers

More General Civil Litigation questions and answers in California