Legal Question in Civil Litigation in California

After a meet/confer attempt, is 9 days of silence long enough to motion to compel responses AND for sanctions?

I served by first class mail a letter demanding responses to my interrog the day after they were due (31st day). My letter had the date of service, and various relevant code sections of the CCP.

I then waited 16 days from the date I served the letter with no response opp. party. I mailed my motion to compel and for sanctions to the court.

Is a judge likeley to issue sanctions on my behalf?

Is a judge likeley to issue sanctions AGAINST me for not making enough of a meet and confer attempt?

My case is civil unlimited at the Stanley Mosk Court in Los Angeles, CA


Asked on 9/12/14, 12:21 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You're only required to meet and confer if the other side's responses are insufficient. You don't have to meet and confer when the other side doesn't respond at all. So it sounds like you did more than you needed to. The judge shouldn't sanction you for not doing even more, though there might be other reasons to do so.

Whether the judge will award you sanctions will depend on whether your opponent asks him to, the grounds for that request, and your counter-arguments. Without this information, I can't predict what might happen.

There have been a lot of discovery and procedural questions posted this week from your zip code, and I presume they're all from you. It sounds like you're in over your head. You should either get a lawyer to represent you, or at least consult with one when you need guidance. Acting on your own and then asking LawGuru whether you messed up is not a good strategy.

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Answered on 9/12/14, 12:45 pm


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