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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?

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Attorney answers 2


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.


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 services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

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