Q: [DISCOVERY] Sanctions for Lack of Meet and Confer Before Filing Motion to Compel
In family law (LA County), my ex’s attorney sent me 25 questions, followed by 35 more questions 10 days later. I requested a 20-day extension for the second set, but she refused. I tried to personally serve the first set 3 days before the deadline according to her instruction, but she was not in the office. The second set’s deadline was July 30 at 11:59:59 PM. I intended to request an 20-days extension again during a meet and confer, but she filed a motion to compel (sanctions) on the morning of July 31. The only communication regarding this two discoveries was my delay request and her denial for the second set aforementioned. In this case, have you seen the opposing attorney get sanctioned if I file FL-300 for sanctions, regardless of her motion to compel being denied?
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A:
In California family law, attorneys are required to meet and confer in good faith before filing motions to compel discovery. If your ex’s attorney did not make reasonable efforts to communicate with you regarding the discovery responses and filed the motion to compel without engaging in meaningful discussions, you may have grounds to request sanctions. Courts generally expect both parties to attempt resolution before resorting to motions, and the lack of a meet and confer could be seen as a failure to comply with these requirements.
Filing an FL-300 requesting sanctions may be appropriate if you can demonstrate that the attorney acted unreasonably by not meeting and conferring. The court will evaluate whether the opposing attorney's conduct was justified or whether they failed to follow procedural rules. If the motion to compel is denied, this could strengthen your case for sanctions, as it may indicate that the court did not view the motion as necessary.
However, success in obtaining sanctions depends on the specific facts and the judge's discretion. You should present evidence of your efforts to communicate and any unreasonable behavior by the other side to support your request.
A: There is no meet and confer requirement when no responses have been served at all. There is a difference between filing a motion to compel and filing a motion to compel further responses. With an initial motion to compel, when no responses have been served at all, there is no meet and confer requirement. In responding or opposing her motion however, you can certainly point out the fact that you made a timely request for an extension and counsel refused. The court will not take kindly to that.
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