Legal Question in Civil Litigation in California
Calendar days v court days
I am a plaintiff in pro per. On May 19, 08, Judge granted my motions to compel the defendant to respond to my RFA as well as imposed monetary sanctions against the defendant. Judge gave defendant 15 days to respond and 30 days to pay me the sanctions.
Are the days given by the judge based on calendar days or court days? I understand court days do not include weekends and holidays.
In case the defendant continues to be non-responsive, do I need to file another noticed motion and schedule a hearing after 30 + 5 days or I can file an ex parte application. Is my understanding correct that the defendant should stipulate for an ex parte application? She will never do that!
How complicated is to collect my judgment? Thanks so much.
1 Answer from Attorneys
Re: Calendar days v court days
If the other party was present and waived notice of the ruling, day 1 would be the day after the ruling. If the other party wasn't there, or if the court required notice, then the clock won't start running until you serve on the other party written notice of the ruling and file it with the court. They're calendar days, by the way.
You would subsequently file a motion to strike their answer as a sanction and take their default.
There are attorneys who specialize in collecting judgments.
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