Legal Question in Civil Litigation in California
contempt sanction in civil suit
I am suing for breach of contract and fraud in Pro Per. The
defendant has refused to ''meet and Confer'' attend any hearings
or case management conference, etc. I filed a motion to compel
discovery, motion was granted. Again, no response from
defendant. I do not wish to ask for ''terminating sanctions'' or not
just yet, since I need discovery to identify other Doe defendants.
What is the proper request? OSC for contempt? Should I aks for a
new motion to compel? If so, how many times before I finally ask
the court to hold the other party in contempt?In california, I do not
find much on this except in family court. I am in unlimited civil. Also,
can I ask for just sanctions on another defendant who has refused
to meet and confer, attend court ordered conferences, etc? I
haven't asked this defendant for any specific discovery yet. I read
somewhere (paralegal book) that the court computer will
automatically issue a contempt order if folks don't show but that
doesn't appear to be happening.
thanks
2 Answers from Attorneys
Re: contempt sanction in civil suit
I suggest you notice his deposition and for the production of documents. Then, if he fails to show, do a motion to compel, next - follow up with the contempt at the same time that you ask for contempt for failing to answer the interrogatories. While you may be able to ask the court to strike the answer and enter judgment, this won't help you learn about these other persons or entities. Please contact us if you have any other questions.
Re: contempt sanction in civil suit
I'm pretty sure you asked this question a couple of weeks ago, and several attorneys (including I) responded. You might want to reference the replies from then. Thanks. -Robert
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