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Is Pro Se litigant entitled for monetary sanction fees in Motion to Compel further response to Discovery Request?

San Francisco, CA |
Filed under: Discovery Civil motions

I filed a motion to compel further response to discovery request. I am not a lawyer but I prepared all the paper by myself. I requested sanction to recovery the time I spent in preparing the motion.

Attorney Answers 3

Posted

The short answer is no, unfortunately you are not entitled to “fees” as a pro per litigant. If it is any consolation, I would not be entitled to fees myself (even though I am an attorney) if I prepared a Motion to Compel in my own litigation matter. Basically, you are entitled to be reimbursed for the money it cost you, such as filing fees, etc.

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.

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4 comments

Asker

Posted

A lawyer pro per may not be entitled to the fees, but how about a non-lawyer? Any law supports your answer?

Rebekah Ryan Main

Rebekah Ryan Main

Posted

California's Civil Discovery Act supports the answer. There is no provision for reimbursement to pro per litigants for time spent on discovery motions. Sorry.

Asker

Posted

The book "Win your lawsuit" actually suggests pro per to ask for the sanctions, not just the filing fees. The book is wrong then?

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

Yes, if it says that you can collect them in California.

Posted

I agree with Attorney Main.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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Posted

No. If you are not an attorney, you will not be entitled to recovery attorney fees as reasonable sanctions for any discovery motions. Parties appearing in pro per may not recover attorney fees through discovery sanctions. (Kravitz v. Sup.Ct. (Milner) (2001) 91 Cal.App.4th 1015, 1020—but such parties may recover reasonably identifiable litigation costs (e.g., photocopying, transportation to and from court, etc.) even if those costs would ordinarily be included in a lawyer's hourly rate.)

In fact, in the case of Argaman v. Ratan (1999) 73 Cal.App.4th 1173, 1175, the court held that a party in pro per (although an attorney) cannot be awarded attorney’s fees as a discovery sanction.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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