Legal Question in Civil Litigation in California

what does sanction/dismissal mean? the defendant in my case did not show up at my case management hearing....what will the court do?


Asked on 1/08/12, 6:56 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

The court will set an order to show cause hearing so that the defendant can explain why he/she failed to show up. If the defendant again fails to appear, the court could strike the answer, enter the defendant's default, and set it on the default prove-up calendar so that you can present your case without any defense.

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Answered on 1/08/12, 7:28 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Cohen, although I note that some judges will dismiss a case at the hearing where a plaintiff does not show up, and will strike an answer of a defendant who does not show up. Legally, the judge is supposed to set an Order to Show Cause to give the non appearing party or their attorney a chance to explain their failure to appear, and are also supposed to impose monetary sanctions first, but I have seen a number of cases in which this procedure is not followed.

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Answered on 1/13/12, 9:50 am


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