Notice to be given??

[tijerin]

What is the name of your state? CA

If the court orders the other attorney to give notice of a hearing date and the other attorney fails to do so, what consequences could result? (ie. I have a court date Monday for a Status Hearing and the other party was supposed to give notice by the instruction of the judge but hasn't done so.

Also, they have failed to answer interrogatories (2 sets, one on lawyer for collection aganecy and one set on actual entity that the collection agency represents)

AND, the court ordered the lawyer to contact me by phone, which he didn't do. He did send me a letter asking under what authority I dispute the debt. I wrote him back explaining my side and even offered a settlment. He has ignored that letter and offer.

Shoul I ask for a dismissal? Sanctions?

 

[seniorjudge]

Q: Shoul I ask for a dismissal? Sanctions?

A: Yes to both.

 

[tijerin]

Thank you for the answer. Do I use the reasons I stated in my original post as the reasons to support dismissal and/or sanctions?

Basically, here's what I have so far:

reasons for motion to dismiss -
1. out of statute (6 years old)
2. want of prosecution
3. failure to give notice per court's order
4. non-participation in communication/settlement offers.
5. discharge by bankruptcy
6. failure to meet and confer

reasons for motion for sanctions
1. failure to give notice
2. failure to respond to interrogatories
3. failure to cooperate
4. failure to meet and confer
5. failure to respond to settlement offer

The attorney is just ignoring me. The judge even"suggested" at the last status hearing that the attorney call me (which he didnt). He did, however, write me a letter, which I responded to.

Any official way I should ask for this at the actual status hearing tommorrow?

 

[seniorjudge]

Read the local and state rules of civil procedure about your kind of case and then post back with references to those rules.

 

[tijerin]

Well, went to court last Monday and the freakin' plaintiffs didn't even show up. The judge ordered a Hearing on order showing cause why sanctions shouldn't be given to the plaintiff for not showing as well as another status hearing. I am to give notice. I gave notice and had that notice propery served and I filed a Motion to Compel Answers to Interrogatorries/Requests for Admissions. Now I have an October hearing for the Motion and a November hearing for the sanctions.

Just in case anyone wanted to know. Personally, I think if they don't show again, the judge will dismiss the case.