QUESTION
Motion to compel discovery response denied with prejudice
Asked on Jan 16th, 2021 on Civil Litigation - California
More details to this question:
Responding party refused to sign a response for production demand. Moving party filed a motion to compel signed response. During hearing the judge stated that - the motion to compel responding party to sign response must be filed with Clerk. (There is no law allowing motions with Clerk) - the judge will not allow using law bluntly in the court. - the judge will not allow motions to compel responding party to sign response. The judge denied motion with prejudice and sanctioned moving party for $2205.00 attorney's fee. It is a limited civil case for $6000. The court reporter charges $500 to show up in the court. Based on financial reasons I did not hire court reporter. Please advice.
1 ANSWER
I'm sorry but your fact pattern is hard to follow. I'm assuming that you are the moving party? The motions are NOT heard by the clerk but the motions must be FILED in the clerk's office. After being filed in the Clerk's office, then the Clerk sends the motion to the Judge. I'm shocked at the sanction order for $2,205 -- for what? Did opposing party file a declaration that attorney's fees were accrued because of the wrongfully-filed motion? If court reporter showed up, then the court reporter probably reported the hearing. I'm guessing but it seems that you didn't want to pay for the transcript? You should check with the Court as to whether a minute order was filed in the case and go from there. Of course, you always have a right to an appeal.
Answered on Jan 18th, 2021 at 1:10 PM