what motion do I file?

[daffan]

What is the name of your state? California

I have won a Motion to Compel Interrogatories and was awarded sanctions. The defendants refuse to obey the court order. They have also not attended a single court ordered hearing or conference. I do not wish to default for I do not wish to motion for "terminating sanctions". Not yet, anyway. I need the discovery from the defendants. More folks are involved.

Do I file yet another motion to compel asking for yet more money? How many times do I do this? Eventually, I realize I am going to have to ask the court to find the defendants in contempt. Should I just go ahead and file a Show Cause order? Is ther a better strategy?

Thanks

 

[stephenk]

if the defendants are refusing to respond to discovery orders from the court, why do you believe they will suddenly start to respond to additional discovery?

you can file a motion for evidence sanctions that would prevent them from introducing evidence for their defense.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

I have won a Motion to Compel Interrogatories and was awarded sanctions. The defendants refuse to obey the court order. They have also not attended a single court ordered hearing or conference. I do not wish to default for I do not wish to motion for "terminating sanctions". Not yet, anyway. I need the discovery from the defendants. More folks are involved.

Do I file yet another motion to compel asking for yet more money? How many times do I do this? Eventually, I realize I am going to have to ask the court to find the defendants in contempt. Should I just go ahead and file a Show Cause order? Is ther a better strategy?

Thanks

My response:

Follow the instructions in CCP 2030 regarding failure to obey a court order. Then, while you're waiting for that Motion to be heard, hit them with a set of well-worded Requests for Admission. Then, when they fail to respond to those, make your Motion to have Admissions Deemed Admitted. You win!

IAAL

 

[badapple40]

My response:

Follow the instructions in CCP 2030 regarding failure to obey a court order. Then, while you're waiting for that Motion to be heard, hit them with a set of well-worded Requests for Admission. Then, when they fail to respond to those, make your Motion to have Admissions Deemed Admitted. You win!

IAAL

Thats why I always serve all my discovery together, with the admissions in the middle (first do all my interrogatories, then my admissions tucked in the middle, then my requests for production last). They are invariably ignored, or it forces the other side to pick out the admissions, and negates the argument that they didn't see or misplaced the discovery.

I don't know about California, there's a lot of CA practitioners who post, but I'd think if you continue to move to compel, after 2 or 3 times, you can move the court to order judgment in your favor for the repeated discovery violations. Then the court will most likely put a date-certain for them to respond, and if they don't will grant you judgment.

 

[stephenk]

after the first motion to compel is ignored, the propounding party can immediately move for a terminating sanction (strike the complaint and dismiss or strike the answer and enter default).

The problem for the poster is that he/she would rather get the information regarding another defendant than just move ahead with a default.

 

[I AM ALWAYS LIABLE]

after the first motion to compel is ignored, the propounding party can immediately move for a terminating sanction (strike the complaint and dismiss or strike the answer and enter default).

The problem for the poster is that he/she would rather get the information regarding another defendant than just move ahead with a default.

My response:

He still can. It's called a Deposition.

IAAL

 

[daffan]

Thanks for all of the advice. Personally I think I'm going for contempt but I am definitely looking into all of the suggestions.