Legal Question in Civil Rights Law in California

request for sanctions

As a pro per, I believe the opposition, represented by attorneys, have filed a motion to strike and demur to harass me.

How do I go about requesting sanctions at the upcoming hearing? I see they pre-filled a form where the judge can just sign it which would just give them what they want. I'm thinking I'll create a similar pre-filled form for sanctions.


Asked on 5/23/09, 3:11 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: request for sanctions

Unfortunately, one of the many sad realities to being a pro per litigant is that, no matter how egregious the misconduct by the attorneys on the other side, you won't be able to get sanctions, at least not monetary sanctions. The reason for this is that monetary sanctions are supposed to compensate parties who incur attorney fees, for example by opposing a frivolous motion. Since you don't have an attorney, you don't have to pay attorney fees, and you, therefore, can't get any money as a sanction.

The other unpleasant reality of being a pro per, up against attorneys, is the certainty that you'll lose the case and be ordered to pay their court costs.

Think of the courthouse as being like a hospital where you have the constitutional right to set your own broken bones. Just because you have the right doesn't make it a good idea.

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Answered on 5/23/09, 3:22 pm


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