Legal Question in Administrative Law in California

Re: Santions

I think Mr. Stone is being a little too hard on you. As Mr. Whipple says, if you can show the Court that you gave a reasonable explanation to the other attorney who then refused to change the date saying she could set whatever time she wanted, then the Judge will likely just say the two of you need to step aside, set a date and then be called in front of the Judge who will set a date if you have not agree on one.

Wear your best conservative clothing, be there a little ahead of time, check to see if there are any tentative rulings as if there are you must tell the court and opposing counsel at least the day before the hearing whether you insist on appearing or not and what you wish to argue about.

You do need to go to an attorney to find out what is best to do in the case. Is there another defendant that could be brought in, how likely is it that you will lose, what amount will you probably have to pay the other side, is your viewpoint of the case reasonable, do you want to consider filing for bankrupcty, is there another party that should be brought in, etc.

Re: Santions

No. You will have to pay sanctions, and you will also lose the case, because you don't know what you are doing, and self represented persons are held to the same standards and rules as are trained attorneys.

Re: Santions

To attempt to answer your questions in the order asked:

1. Whether the judge will sanction you or not depends upon whether your handling of the deposition scheduling appears to have been reasonable from the standpoint of what the court and the opposing attorney should expect from another attorney. It would take a lot of facts to give you a probably yes or probably no answer, as well as knowing that judge's temperament and patience. Some judges hold self-represented parties to the same standards as attorneys, but many will cut you some slack if you seem to be trying to cooperate.

2) Probably not.

One thing that might happen is the judge will tell both of you that you have the next fifteen seconds to agree on a deposition date or (s)he will sanction both of you! So take your appointment calndar with you and be prepared to pick a date.