I missed a discovery hearing and was sanctioned by the court on a case of a credit card debt. Could I appeal the judgment or

Asked over 1 year ago - Vista, CA

what should I do next?

Attorney answers (2)

  1. Herb Fox

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Whether you can appeal immediately or whether you need to await the final judgment depends on the amount of the sanctions awarded ($5,000 or more is immediately appealable). If the sanctionsn were terminating sanctions - resulting in a dismissal or a judgment of the entire case - you need to appeal now.
    Depending on the reason why you missed the hearing, you might first try a motion to vacate the order/judgment (Civil procedure 473).

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  2. Lloyd Stewart Mann

    Pro

    Contributor Level 13

    Answered . No. You cannot appeal. In theory, you could bring a motion for reconsideration in front of the same judge who issued the sanctions, but that would be difficult. You should make sure to comply with whatever discovery orders were issued since your failure to do so could lead to further sanctions including losing the case.

    THIS RESPONSE IS NOT LEGAL ADVICE. IT HAS BEEN PROVIDED FOR EDUCATION AND INFORMATION ONLY. Mr. Mann is licensed... more

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