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In Unlawful detainer if plaintiff refuses to obey court order, to comply w discovery, (3 motions were filed) what's next?

Los Angeles, CA |
Filed under: Discovery Civil motions

There was a hearing on THREE motions to compel for 3 different discovery requests and the judge ordered plaintiff to comply with those 3 discovery demands within 10 days. Three separate orders were issued by the court for each motion to compel.
Plaintiff is still refusing to obey the court orders, after three weeks. 1. Can I now file with the court "MOTION TO HOLD PLAINTIFF IN CONTEMPT OF COURT "?, and ask for SANCTIONS as well? 2. Do I have to file THREE separate motions ( for contempt) for each order issued.
3. . How much time is required by law to give notice for such motion (for contempt), in Unlawful Detainer case?

Attorney Answers 1


  1. You probably want to file a motion for further sanctions based on the failure to comply with the court's prior discovery orders. See CCP 2023.010 et seq. regarding escalating sanctions. You can conceivably get terminating sanctions having the case dismissed.

    Of course this needs to be properly set up: were orders signed and entered, were notices of ruling served, has the time run out, etc.

    A motion for further sanctions will probably be faster and more straightforward than pursuing a contempt of court.

    But you should consult with a local UD attorney about your case and strategy.

    This is a general response to a general question posted openly on-line. Answering this question does not create an attorney-client relationship or any obligation on the part of the attorney to take any action or respond further. There are often deadlines, time limits and procedures which must be followed to enforce legal rights. The failure to take appropriate action as provided by law may lead to the loss of rights. If you would like to hire Mr. Bradley you will need to arrange a consultation and enter into a written fee agreement with him.

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