Legal Question in Administrative Law in California

Re: Not showing up for deposition

I really think you should either retain a lawyer to actually represent you or to read your papers and coach you on the steps. Proper handling of all the procedural steps in a civil suit is challenging even for the pros and we often have to look up topics we don't use every day to avoid mistakes that could give opposing parties a tactical advantage. Doing it with no formal training and no prior experience is a slippery slope. Have you heard the old adage, "He who represents himself has a fool for a client?"

Well, enough lecturing....if you have gotten this far, maybe you can proceed to trial and enforcement of judgment unassisted. Maybe.

(1) How long should you wait? Judges dislike having to deal with discovery motions when the issues could be handled out-of-court. I assume the other party is not represented by counsel, therefore it is OK for you to contact her directly. I'd send her a certified letter fairly soon (in addition to phoning) asking her to contact you to try to resolve the discovery issues such as her failure to produce. If "meet and confer" is unproductive, move for an order to compel fairly soon, noting Code of Civil Procedure section 2031.300, especially subparts (b) and (c). Also be aware of the rule cutting off discovery before a trial date, if set.

(2) You can request sanctions but I would not for a "first offense." I'd leave it up the the judge until the opposing party fails to respond a second or third time. Judges are less likely to sanction pro. per.s. Note Rules of Court 3.1020 governing the format of discovery motions!

(3) After finding out how your court calendars civil motions (some let you do it yourself, some have you get a date from the clerk, and some really make it difficult to "get on calendar," then observe the timing rules in CCP section 1005(b), noting that references are to court days, not calendar days! Courts observe some less-well-known holidays including Cesar Chavez Day, so be careful counting.

(4) If the defendant doesn't file an opposition to your motion to compel and doesn't appear, she will lose; the judge may make an order or ask you to prepare one. Find out if your court issues tentative rulings prior to the hearing date and if so learn and follow its rules regarding response to tentatives.

Re: Not showing up for deposition

1) You don't have to wait any longer, though you should file a declaration with your motion stating that you at least made the attempt to contact her by phone before filing the motion.

2) Yes.

3) 16 COURT-days (kind of like business days but check for court holidays) plus 5 CALENDAR days if you're mailing the notice. Reserve a hearing date far enough out that you have time to prepare your motion and provide adequate notice.

4) If the defendant doesn't show up for the hearing the court will likely grant your motion and make an order which you will then need to serve on the defendant. If they disobey the court order to respond then you go in on another motion requesting what are called TERMINATING SANCTIONS, essentially asking the court for a judgment (prove-up hearing before default will be required).