Legal Question in Civil Litigation in California

If you disagree with the Judge decision to pay sanctions in a civil case because your answer to a request for admissions was not verified, what are your options 5 days after the same Judge has denied your motion to reconsider?


Asked on 8/24/11, 11:14 am

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You can disagree with the judge all you like, but responses to requests for admissions are required by law to be verified. I would pay the sanctions and, if you lose the case, sue the attorney who is handling your case for legal malpractice.

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Answered on 8/24/11, 11:25 am
Joel Selik www.SelikLaw.com

File a writ or an appeal.

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Answered on 8/24/11, 11:26 am

I suggest you be grateful the judge did not impose the sanction he or she could have imposed: deeming all the matters admitted. Ignore Mr. Selik. You cannot appeal the order, period. It is a non-appealable order. You could ask the Court of Appeals to review it for abuse of discretion under a writ of mandamus, but considering what the judge did was perfectly within the law and his or her discretion, all you will do is see to it that the Court of Appeal has a chance to sanction you too. The judge is right, you are wrong, get over it.

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Answered on 8/24/11, 11:32 am
George Shers Law Offices of Georges H. Shers

Unless it was a very large amount [more than $900-1,200], it is not worthwhile to do anything but accept the sanctions. I assume the other side notified you that the responses had to be verified but you still did not do so and required that a hearing be held. If that is the case, then you did not act in a reasoned, professional manner and almost every judge would have sanctioned you. Remember that you will have to appear before this judge again on the case so you do not want to upset him unless really necessary.

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Answered on 8/24/11, 12:02 pm
Herb Fox Law Office of Herb Fox

You don't tell us the amount of the sanctions award, and that amount determines your rights. If the sanction is over $5,000, you have the right to an immediate appeal. If the amount is $5,000 or less, you can appeal it at the end of the case, or try your luck with a Petition for Writ of Mandamus/Prohibition.

In any case, you also don't tell us why you believe that the judge is incorrect. If the sanctions were issued in violation of some rule or law, you may have grounds for an appeal or writ petition. If, on the other hand, the judge simply disbelieved your side of the story, you will lose the appeal or writ petition.

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Answered on 8/24/11, 6:34 pm


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