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

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.

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.