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Failure to comply with Court Order.

Burbank, CA |

On June 14, 2012, the Court ordered Defendant to produce documents as a result of Motion to Comply. Defendant failed to comply within 10 days pursuant to Court ruling.
What are my options? If I have to file another motion, is there a time frame to do so?
What other motions can I file to make the defendant comply?

Thanks,
Carl K.

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Attorney answers 2

Posted

First, failure to comply with a court order (if you have the ability to do it and the order is lawful) is a contempt of court. That can be punished by a fine and even jail time. You can bring an OSC for contempt if you want the Court to punish the other party.

But I suspect that you are more interested in some action that may benefit you in the litigation. That would be discovery sanctions. I don’t know what information you were trying to get so I can’t be specific. But generally, if the other party disobeys an order to provide discovery responses, you can ask that the court strike the answer and enter a default, deem certain matters established as fact, prevent the other party from making claims or presenting evidence on certain subjects, etc. Get to either an attorney or a law library to learn how the Civil Discovery Act can help you in these specific circumstances.

Best of luck to you.

Attorney Rebekah Ryan Main

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This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

Posted

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I agree with my colleague. Disobeying a court order can have serious consequences including imposition of monetary sanctions, evidentiary sanctions, and/or terminating sanctions. In order for these to occur, you will need to bring another motion before the court and advise the court how the other party has disobeyed the previous court order, the damages you have suffered, etc. If you are not familiar with the laws and procedures in this area, I strongly suggest you retain an attorney to assist you.

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