Legal Question in Civil Rights Law in California

Sanction 2

Hello. I asked the question below:

I received a sanction for not providing responses in a timely matter for discovery in a civil lawsuit. I am unemployed receiving $450 per week and the sanction is due in 30 days for the amount of $1200. What do I do to file a motion to request a payment plan for the sanction?

I am planning to put together a playment plan on pleading payment and submit it as a motion to the plaintiff's attroney and then file it with the court. What is the correct title I should use when requesting a sanction payment plan?

Thank you

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I received this response below:

More to the point, why are you trying to play amateur lawyer and defend the lawsuit by yourself if you don't know what you are doing? The judgment will only be larger when sanctions and court costs are included. You don't need to file the motion you mentioned, there is no penalty for failure to pay sanctions, although not providing the discovery responses will quickly lead to your losing the case.

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I cannot afford an attroney. If I could I wouldnt post questions. I did submit the interrogatories but now the answer which I did not receive. I just need to know why to request a motion for payment plan & the process.


Asked on 1/22/09, 12:44 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Sanction 2

There is no such thing, and the court has no power to order him to accept payments. Work your payment deal with him if you can, or suffer the consequences of non-payment --> a new motion seeking further sanctions for violation of a court order, which could include dismissal of your pleadings.

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Answered on 1/22/09, 1:09 pm


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