Los Angeles, CA asked in Personal Injury, Health Care Law and Medical Malpractice for California

Q: Can plaintiff in Pro Per request monetary sanctions in Motion to Compel further discovery responses?

Can plaintiff in Pro Per request monetary sanctions in Motion to Compel further discovery responses? What specifics?

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, in California, a plaintiff who is representing themselves in pro per (or pro se) can request monetary sanctions when filing a Motion to Compel further discovery responses. Here are some specifics:

1. Legal basis: California Code of Civil Procedure (CCP) § 2023.030 allows the court to impose monetary sanctions for misuse of the discovery process, including failing to respond or providing inadequate responses to discovery requests.

2. Reasonable expenses: The requesting party may seek monetary sanctions equal to the reasonable expenses incurred due to the opposing party's failure to provide proper discovery responses, including attorney's fees (even for pro per litigants) and costs (CCP § 2023.030(a)).

3. Required meet and confer: Before filing the motion, the plaintiff must make a reasonable and good faith attempt to informally resolve the discovery dispute with the opposing party (CCP § 2023.010(i)).

4. Sanctions statement: The motion must include a sanctions statement that identifies the type of sanctions sought and the legal basis for the sanctions (California Rules of Court, Rule 3.1112(a)(4)).

5. Amount of sanctions: The plaintiff should specify the amount of monetary sanctions requested and provide an itemized breakdown of the expenses incurred, such as the time spent preparing the motion and any other related costs.

6. Court's discretion: The court has the discretion to grant or deny the request for monetary sanctions and determine the appropriate amount based on the circumstances of the case.

It is important to note that while pro per plaintiffs can request monetary sanctions, the court will consider the reasonableness of the request and whether the plaintiff has complied with all procedural requirements when deciding on the motion.

Ross A. Jurewitz
Ross A. Jurewitz
  • San Diego, CA
  • Licensed in California

A: Yes. In California you may request monetary sanctions in a Motion to Compel Discovery Responses or to Compel Further Responses. However, you may be limited in the damages you can claim since you are not an attorney and cannot claim the reasonable value of your attorneys' fees. However, you can claim reasonable expenses incurred due to the unjust delay to provide responses or complete responses.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.