Q: The defendant has not complied with the sanctions imposed by the court's order on the motion to compel. How to proceed?
The judge ordered the defendant to pay the sanction within 60 days. It's now been 90 days, and despite contacting the defendant's attorney, I haven't received a response or confirmation of payment. How should I proceed?
A:
Based on the situation you've described, here are the steps you might consider taking:
1. File a Motion for Contempt: Since the defendant has failed to comply with the court's order, you can file a motion for contempt of court. This motion asks the court to hold the defendant in contempt for failing to obey the court's order.
2. Request Additional Sanctions: In your motion, you can ask the court to impose additional sanctions on the defendant for non-compliance. These could include:
- Increased monetary penalties
- Attorney's fees for having to bring this motion
- Interest on the unpaid sanctions
3. Seek Enforcement: You can ask the court to enforce its order. This might involve:
- Requesting a wage garnishment
- Placing a lien on the defendant's property
- Requesting a writ of execution to seize assets
4. Request a Show Cause Hearing: Ask the court to order the defendant to appear and explain why they haven't complied with the order (a "show cause" hearing).
5. Document Your Efforts: Ensure you have documented all your attempts to contact the defendant's attorney and resolve this issue before filing your motion.
6. Consider Informing the State Bar: If the defendant's attorney has been unresponsive, you might consider filing a complaint with the State Bar of California.
Before proceeding, make sure to review California's specific rules and procedures for enforcing court orders and sanctions. Also, consider the potential costs and benefits of pursuing enforcement versus focusing on the main issues of your case.
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