Motion to compel requests for admissions-- appropriate sanctions??

Asked over 4 years ago - Los Angeles, CA

I am a Pro Per Plaintiff in CA. I have complied with all discovery requests from OPP party, including traveling farther than 150 miles for depo, 78 interogatories & RFA's.... Attorney has refused to respond to my RFA's. She keeps delaying or avoiding any meet & confers. I will file motion to compel Monday. I can't ask for monetary sanctions in Pro Per, what is likelyhood of getting requests deemed admitted? They have no real evidence, only hearsay, so getting RFA's deemed admitted would be detrimental to them. Both parties have waived jurisdiction (after their motion to dismiss based on jurisdiction) and have agreed to follow court rules and discovery, but they have not complied in any of my discovery attempts. Judge stipulated to discovery, so she is in violation of court now.

Attorney answers (3)

  1. Pamela Koslyn

    Contributor Level 20

    2

    Best Answer
    chosen by asker

    Answered . The opposing lawyer's refusal to meet and confer with you should be a big point in your favor, as judges really hate that, but whether you're likely to get the RFAs deemed admittred depends on whether your RFAs are worded properly, or whether the defense's objections have merit because they aren't.

    I'm not sure what you mean by the "judge stipulated to discovery," but if the opposing counsle or party violated a court order, you can ask for sanctions against them payable to the court under C.C.P. Section 177.5, which authorizes a judicial officer to impose reasonable monetary sanctions, not to exceed $1,500, payable to the court, “for any violation of a lawful court order by a person, done without good cause or substantial justification.”

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Pamela A Wilson

    Contributor Level 14

    Answered . I concur with Ms. Koslyn. You have a good shot at getting the requests for admission deemed admitted if the attorney failed to serve objections stating the basis of the objection, etc. We don't know what he/she may claim at the hearing on your motion but keep in mind, any time prior to the motion the opposing party can serve you with a response with or without objections. If they do that, you'll have to take your motion off calendar unless the response is unmeritorious. The court may order them to respond in 20 days. You may want to contact legal aide or local bar association for pro bono assistance. Good luck.
    Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only. Laws differ from state to state and each case turns on facts specific to the case and parties thereto, thus this answer does not constitute legal advice, and should not be relied upon as anything more than a starting point or suggestion that the questioner seek professional assistance from a practitioner in your state or county/parish, practicing in your area of law.

  3. John M. Kaman

    Pro

    Contributor Level 20

    Answered . Judges concur; attorneys agree.

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