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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

Vista, CA |

what should I do next?

Attorney Answers 2

Posted

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 to practice in the State of California. There is no implied or actual attorney-client relationship arising from this educational exchange. Moreover, the facts provided by you were not sufficient to allow Mr. Mann to advise you specifically regarding what you should or should not do. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Mann is under no obligation to answer subsequent emails or phone calls related to this matter, or to take any action whatsoever.

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Posted

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).

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