• Logo

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

Asked in San Francisco, CA - 4 months

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)

Rebekah Ryan Main

Rebekah Ryan Main

Rancho Cucamonga Divorce / Separation Lawyer

Licensed in CA

Answered 4 months ago. 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


If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated.

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... more
Flag
Mark as helpful

4 comments

Frank Wei-Hong Chen

Frank Wei-Hong Chen

San Marino Litigation Lawyer

Licensed in CA

Answered 4 months ago. 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... more
Flag
Mark as helpful
Constantine D. Buzunis

Constantine D. Buzunis

San Diego Litigation Lawyer

Licensed in CA

Answered 4 months ago. I agree with Attorney Main.
Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
Flag
Mark as helpful

Related Questions

Not what you're looking for?

Find more Litigation legal Q&A's

Or ask your own question to get more personalized answers.

Ask a Lawyer