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How do sanctions work?


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#1 kraut32

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Posted 24 January 2013 - 11:12 PM

Howdy. California here. A judge in a case ordered a meet & confer to discuss alternative dispute resolution possibilities. The other side informed me in a one-sided email, to consider that email as having fulfilled the meet & confer order. I know that a meet & confer specifically has to take place over the phone or else in person. Next, there needs to be some discussion and therefore an answer prepared to give back to the judge. There is a motion to strike in with the court, and the other party's attorney told me in the one-sided email that until that hearing is over, they don't see any purpose in discussing adr because it might not even get to that.

I feel that not only is this contempt of court, but it is very frustrating. In case they don't win the motion to strike then the case will move on, and then we should be prepared to have the adr information ready for the judge. It's not hard to come to a decision about stipulating to what type of adr is acceptable.

I would like to file for sanctions against my opponent. How does this work? Do I get money if I win? All I know about sanctions is that it is a monetary penalty that gets paid to the court--possibly and/or the prevailing party. Can you fill me in any more on the process?

#2 pg1067

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Posted 25 January 2013 - 07:21 AM

I know that a meet & confer specifically has to take place over the phone or else in person. Next, there needs to be some discussion and therefore an answer prepared to give back to the judge.


Where did you get this? Did the judge expressly order this? Does the county in which your case is filed have a local rule that requires this? "Meet and confer to discuss adr possibilities" would typically mean a phone call or an exchange of e-mails (or more if both parties are so inclined). I've never heard of preparing an answer "to give back to the judge" on this subject. If the parties agree to some form of adr, then they proceed and do it. Typically, there will be a further status conference at some point where the parties can inform the judge that they mediated and didn't succeed (or that they did succeed and are working out the details of the settlement).


In case they don't win the motion to strike then the case will move on, and then we should be prepared to have the adr information ready for the judge.


What "adr information"?


It's not hard to come to a decision about stipulating to what type of adr is acceptable.


True. However, if there is a potentially dispositive motion pending, it is certainly understandable that a party might not want to spend any time and money on adr until after the motion is decided.


I would like to file for sanctions against my opponent. How does this work? Do I get money if I win? All I know about sanctions is that it is a monetary penalty that gets paid to the court--possibly and/or the prevailing party. Can you fill me in any more on the process?


It's not entirely clear what you mean. The only mechanism that allows a party simply to "file for sanctions" is Code of Civil Procedure Section 128.7, but I don't see that it has any application to your current situation. If there's a motion pending, you'll presumably be back in front of the judge for the hearing on that motion, at which point you can inform the court about the other side's alleged non-compliance. However, before you do, you should make sure that the other side has not complied with an express order of the court, as opposed to not doing what you think ought to be done but isn't really what the court ordered.

#3 Guest_FindLaw_Amir_*

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Posted 25 January 2013 - 11:01 AM

Sounds like you have a lot of questions on this topic. Have you considered signing up for LegalStreet. You can ask all of your questions to a local attorney for less than $13 per month and also get discounted legal representation if you need.

#4 adjusterjack

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Posted 25 January 2013 - 04:14 PM

Have you considered signing up for LegalStreet. You can ask all of your questions to a local attorney for less than $13 per month and also get discounted legal representation if you need.


Have you considered that there is something inherently wrong about using this public forum to solicit customers for a paid subscription service run by FindLaw?

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