Judge made a ruling and signed an order to compel discovery against me as well as sanctions. I have grounds to believe they are improper. This is an limited civil case. Can I file an appeal on this ruling? do I have to wait for the case to conclude? I was reading the CRC rules about appeal rights, and a bit confused.
An order compelling discovery is not appealable. An order for monetary sanctions is appealable if the amount exceeds $5,000. (Cal. Code Civ. Proc., § 904.1, subds. (a)(12)-(13), (b).) Potentially, you could file a petition for an extraordinary writ. Since I'm not very familiar with writ petitions in limited civil cases, I won't comment further on that.
Discovery orders or generally not appealable and unless a through abuse of process in which case. you need to check the appeals rules as to exactly how you might be able to get appellate review. As to sanctions that is appealable if the sections are payable immediately before the end of the litigation
Unless the sanctions order exceeds $5,000, it is not yet appealable. Plus, even if it is appealable, whether an appeal from the sanctions award also implicates the portion of the order compelling discovery, is open to debate (there is caselaw on that).
In practical terms, in order to avoid complying with the order compelling discovery, you will probably need to file a petition for writ of mandate and ask the appellate division for an immediate stay so that you do not have to produce the discovery until the writ petition is decided. Getting a writ petition granted, however, is difficult, and you are best advised to consult with an appellate specialist for an assessment of your chance of prevailing.
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