Motion to Reverse Sanctions

[ADSOFT]

Is there such a thing as a motion to reverse sanctions due to court error.

I think the court made an error. It rescheduled a case management hearing in which sanctions were supposed to be address.

It turns out that the Sanctions hearing was rescheduled and I never got a notice of it from either the court or the plaintiff. Shouldn't I have been told by the court or the plantiff?

[rikkivs]

Adsoft sometimes the court sanctions the plaintiff then they have to go to a hearing but that may not involve you! Did you ask the court to sanction the plaintiff? Can you give more details?

[ADSOFT]

This is sort of what happened.

I had been sued over 10 yrs ago in another court and they set a trial date upon taking in your case. Los Angeles County. So I was waiting for a trial date at which time I would defend myself. ... Like I did 10+ yrs ago. I never got any discovery questions 10 yrs ago.

In Orange County they use case management hearings.

After answering the complaint I was waiting for a court date. However, plaintiff went right to discovery and I ignored his requests as I thought they were bogus.

Plaintiff filled a motion to compel and I answered, at this point I realized that thing were different some how, but still didn't know that local rules can make things different in Superior Court. Plaintiff also asked for sanctions for failure to answer discovery. It didn't occur to me to tell the judge that due to local rules I didn't understand that I was obligated to answer discovey since in Los Angeles they give a trial date upon answering a complaint. I was waiting for a trail date and I later realized local rules are different for each county.

At the first case management hearing, judge was going to file sanctions against me, at wich point I spoke up and mentioned to the judge that it would be unfair as plaintiff didn't even submit an account number in the complaint so I don't have any way to answer his discovery questions although I had already answered the Motion to Compel and recorded with the court prior to the first Case Mangament Hearing. I told the judge that I plan to file a BOP and that I had a medical condition and moved and was having trouble getting mail. Had I know about local rules that probobly would have been enough to have sanctions waved as I had hired a lawyer to answer discovery.

Judge said that she would address sanctions in case management hearing #2(scheduled for 6/29/2010). BUT, the plaintiff filed a motion to move the Case Mangement hearing back and the court granted it (it was was moved to 10/5/2010), and the court send me a letter stating the CSM was pushed back so I thought that the judge would address sanctions on 10/5. It turns out that a hearing was still held on 6/29 at moved to 7/2 at which point the judge sanctioned me for $280 for not answering.

WTF, Judge said that she would address sanctions at next CSM which was resheduled and I never got a letter from the court or plaintiff that a meeting would still be heard on 6/29 and 7/2 to address sanctions. In my opinion that was very deceptive on both the court and the plantiff to push back the CSM and still hold a hearing for sanctions. The judge made it sound like sanctions would be heard at next CSM which was moved to 10/5.

I think it was both deceptive and an error with the court and plaintiff, they should have been clear that CSM was pushed back but I still had to show up for Sanctions hearing. If I would have know I would have fired my BOP sooner and went to the judge to be leaniant(sp) on my as a first time ProPer in her court and not familiar with local rules precidence in the Calif. Superior Court system.

Sorry I worded it so much but I tried to be clear.

I plan to plead to the judge at CSM 10/5/2010 to have sanctions waved. What do you think? or do I have to file some motion that the court made an error in not holding sanction hearings on 10/5/2010 and/or advising me that CSM was pushed back but that didn't automatically cancel the hearing set for 6/29?