Legal Question in Real Estate Law in California
Hello my father has been given a notice in the mail "NOTICE OF MOTION AND MOTION TO COMPEL" from a Plantiff regarding a a law suit, my father is out of the country on family emergency, He has already filed request for continuance on a case mgmt conference and has been granted, but did not give the plantiff Form Interrogatories since he is out of the country, so the plantiff has filed a motion regarding that (However, i did give letter to court and plantiff that he is currently out of the country and will be back in few months, but plantiff still filed for motion).
The plantiff's attorney is also is also seeking monetery sanctions for this motion.
My father is still out of the country in remote areas with very limited access to emails/fax. What can be done? Can i call the judges clerk and let them know? Or file another request of continuance on his behalf?
thx you.
3 Answers from Attorneys
A person who is out of the country cannot be compelled to attend a deposition here. However, there is no such provision exempting a party from responding to interrogatories.
Once your father has been served with a lawsuit, he is under the jurisdiction of the court, and must participate in all phases of pre-trial and trial procedure, including attendance in person, or where permitted, by an attorney. Failure to participate can result in sanctions, including, ultimately, a judgment in the plaintiff's favor.
Going to some place that is so remote that there is no communication by mail, FAX, e-mail etc. may look to the court like defiance of its jurisdiction or a ho-hum attitude toward the outcome of the case. Form interrogatories can easily be handled by mail, and the law affords ample time for forwarding of the interrogatories and the signed responses from almost anywhere in the Universal Postal Union.
Courts generally won't act upon requests and motions (such as, for continuance) from anyone except the (self-represented) party himself, or the attorney of record, when there is one.
The father has these choices, as I see it: (1) Hire an attorney; (2) Find a way to communicate with the outside world, and do so; or (3) have the case against him go steadily from bad to worse to no longer defensible.
I agree with Mr. Whipple entirely, except on the deposition. Your father can't leave the country to avoid a deposition either. If they notice his deposition and he does not come back for it, he will be in contempt of court.
I agree with Tom & Bryan. He should have thought about this before he took off to some inaccessible part of the world if there still is such a place!
Calling the court will do nothing as the judge won't listen to you without the other side and won't listen to you anyhow because you are not a lawyer and as such cannot represent your father.
You need to hire a lawyer or you and your father will only will make a mess of things and get a bigger judgment against your family unless you are judgment proof or want to file bankruptcy.
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