California | Civil Litigation
Legal Question
reversed decision
I am a plaintiff in pro per.
A defendant in my case refuses to obey a single court order, attend
hearings or participate in discovery.
When they wouldn't answer interrogatories , I filed a motion to
compel and asked for monetary sanctions. They of course did not
answer nor pay up.
Then I had an OSC hearing for contempt. They did not appear. The
court signed an order for contempt and ordered them to be
arrested until they cooperate.
Unfortunately it does no real good to file for default (just yet). They
have important information and went into deep hiding after they
answered my complaint.
Today I went to court to request the previous order be enforced.
Instead I found the judge was ill (he won't be back) and a tempory
judge in his place. The new judge reversed the previous judge's
order for contempt. He said the defendant ''has the right to not
participate in discovery'' , ignoring that parties have rights TO
discovery. He said monetary sanctions were the only sanction for
not answering interrogatories. Told me he had made his decision
and didn't want arguments.
Trial is Oct. How do I appeal or what should I do? Can you go to
appeals before trial?
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