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Can a default judgment be granted at an Ex Parte Application for Terminating Sanctions?

Los Angeles, CA |

I'm in pro per in a civil unlimited lawsuit. The other side had an attorney but is now in pro per as well. However, he has failed to show up at depositions, failed to respond to my discovery questions, failed to respond to my phone calls, emails. We have a complaint against each other. The trial date is in 2015 and I don't see why the court needs to address the merits at trial.

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Attorney answers 2


No, you cannot get a judgment at the hearing you describe, That would deprive the defendant of notice. Read the rules and follow them or get a lawyer.

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Frankly, I'd be surprised if the judge granted the application for terminating sanctions on an ex parte basis. Since the trial date is so far off, why not bring it by noticed motion?

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