Legal Question in Civil Litigation in California

Re: �rder for sanctions

These are not generally seen as Judicial Council Forms. You should have an attorney review it.

Re: �rder for sanctions

I was a little suprised to read that you were awarded sanctions as a pro per. Normally, a self represented party does not recover attorney fee sanctions, but can recover cost sanctions, for having to file the motions. I have never seen a judge award cost sanctions for a pro per, and this tends to encourage attorney abuse of the discovery process when a pro per litigant is involved.

The proposed order is not a form. Most attorneys draft it on pleading paper.

Very truly yours,

Re: �rder for sanctions

The order is done on pleading paper and must be in proper form. An attorney's office could prepare the order for you for probably an hour or two of his time. Make sure you bring the minute order with you to the attorney's office.

Re: �rder for sanctions

I am disappointed in my colleagues who think that, now that you have won your motion and been awarded sanctions, you should now hire an attorney (though if you had hired an attorney to do the motions, you would have been awarded his or her fee).

Here's a tip: Go to the courthouse, or maybe to the court website if they have imaged documents online, and find some case in which some attorney was awarded sanctions. Then get a copy of the order, and plagiarize!

For example, "The motion of Joe Plaintiff came on regularly for hearing before Judge Roy G. Biv in Department 2 on yada date. Joe Plaintiff appeared in pro per, and Defendant's attorney Steve Snake was also present. Evidence was presented, the matter was submitted, and therefore, IT IS ORDERED: Joe Plaintiff's Motion to Compel is granted. Defendant shall provide further responses to Plaintiff's Form Interrogatories, Set One, within XX days; and Plaintiff shall recover from Defendant [name] and his attorney [name] the sum of $XXX.XX as a monetary sanction to be paid within XX days. Dated: XXX. (line for signature) Roy G. Biv, Judge of the Superior Court."

Now what you need to do is set up WordPerfect to make a legal pleading format, add a proof of service as the last page, caption it "[PROPOSED] ORDER," and submit it with two SASEs (for you, and the defendant) for the court to sign. The judge will cross out the word "PROPOSED" if he or she signs it. Also refer to "Cal. Civil Procedure Before Trial" (Rutter Group) at the courthouse law library.