Legal Question in Business Law in California

ethics: contract rules of Discovery

Defense: claim of oral modific. Stat of Frauds, Case law in Cal don't support mod.Problem: Defen's attorney, continued trial, refused to answer interrogatories, at court ordered settlement conf refused to confer, won't agree on issues, hangs up, contends he has no duty to cooperate. Seems to be due to pro-per status.Court allowed his action, Filed for Summary Judg and Sanctions "failure to cooperate in discovery". 1 form interrogatory and 25 special.His answer "they are vague and unitelligable" Some of the questions:What was the wieght of (equipment reserved)?What was the location of equipment reserved by Plaint on req date. Did a third party interfere?Did you have permision to get credit or personal information on the Plaintiff? Attorney didn't attempt answer, refused answer on Judical Council Forms. Filed for sanctions on the 20th day judge reclused himself. Forced to retain an attorney to get cooperation, he is hesitant to press the sanctions. Should I find an attorney to support sanctions? Is it best left at the contract issue.The added cost app. $4,000. Is an attorney allowed to ignore rules of court? Disrespect for individual rights and discovery violates basic of Justice sys.Is it"profesional Courtesy" to ignore this?


Asked on 3/30/98, 10:41 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

You must file the proper motion

There are discovery obligations that can be enforced but you must obtain a court order to do so. If he objects to discovery, no matter how frivolous the objections, they will stand unless you file the proper motion within 45 days. I suspect he thinks that you will no follow through within the time limit.

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Answered on 4/15/98, 11:52 am


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