Legal Question in Civil Litigation in California

I am in a civil suit,( defendant) first it was in unlimited jurisdiction and it was kicked down to limited and I am currently pro per ( can no longer afford attorney ) plaintiff attorney filed a motion to strike my answer due to me not giving my interrogatories and discovery ( I was gathering them up and did give them,discovery and not interrogatories at the motion trial) well the judge granted the motion and defaulted the case and they went to court to give proof of their claim, anyway long story shorter I am in need of a motion to vacate judgement ( I have a good case to defend but no money for attorney) for a reasonable fee can anyone direct me to a free legal aid or a rare pro bono to do a motion,currently, the case is still under judges advisement after the meeting with plaintiff to show proof and that will be very weak at best ! PLEASE HELP ME.


Asked on 11/27/09, 2:48 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

Unfortunately you are in big trouble. A judge can strike your answer if you fail to provide discovery but only as a last resort. If it was the first time then the judge should not have granted their motion and that sanction. You need to appeal the decision immediately. If you had multiple motions to compel and failed to provide discovery despite a court order then the sanction maybe appropriate.

You cannot do a motion to vacate the judgment because it is a discovery sanction as opposed to a judgment taken by suprise,mistake or excusable neglect. Generally see CCP 473

You need to appeal decision if you want to try to set it aside. Best place for guidance on this issue is the Rutter�s Guide Civil Procedure Before Trial probably in Chapter 8 discovery.

Call the local bar association and see if they have a volunteer pro bone ( legalese for free) law clinic or group in the area.

Good luck and hope that helps.

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Answered on 12/02/09, 5:38 pm


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