Legal Question in Employment Law in California

IF i dont answer discovery question what can happen. can we go straight to trial we dont have the money for a prolonged dicovery period.

Wrongful termination lawsiut pregnacy


Asked on 3/24/11, 8:56 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If you don't answer discovery, the defendant can seek a court order compelling you to do so, and seek a monetary sanction against you. If you disobey the court's order, the opposing party can then go back to court and seek dismissal of your case.

You probably shouldn't be prosecuting a wrongful termination case without legal representation, because there usually are many complicated issues that could prevent you even from getting to trial.

Read more
Answered on 3/24/11, 11:46 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Mr. Cohen is absolutely correct. You cannot ignore discovery. It is an essential part of litigation and there is no avoiding it. It will cost you sanctions and, possibly, the case, if you do. The general public seems to think filing a lawsuit is like what you see on television. The lawsuit is filed at the beginning of the show and there is a trial by the end where a jury will find in favor of the good guys. It doesn't work that way in real life. You never see what really goes on in litigation with all the discovery and the motions that are filed before the trial, if there is a trial (about 5% of lawsuits that are filed ever go to trial, for a number of reasons).

If you do not have an attorney, you need help, as is indicated by your question. If no attorney is willing to take your case on a contingency basis, that should have told you something about the case. If do not wish to retain an attorney, at least pay for a consultation to get some advice. It may be well worth the investment.

Read more
Answered on 3/25/11, 10:17 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California