Appeal Judgement

[Caglitz]

What is the name of your state? California

I was defendant in civil case for $25k and plaintiff won $5,500. Before the case began my lawyer (not a very good one) asked for discovery items and the plaintiff attorney never accomodated. Would this be grounds for appeal? The plaintiffs attorney said at trial that he did not comply with the discovery requests because our attorney asked for the items too late - a bunch of lawyers game play. Anyways, would it be worth appealing.

Thank you
Jane

 

[stephenk]

In California, all discovery must be completed 30 days before trial or 15 days before any arbitration held before the trial.

Was your case arbitrated first? If yes, then all discovery is stopped after the arbitration hearing.

If no arbitration, you should ask your attorney when he sent the discovery requests that the plaintiff said was untimely. If the responses would be due within 30 days of trial, then the discovery was too late.

Did your attorney bring up the discovery issue at the trial and did the judge rule on it.

Not lawyer game play, but just playing by the rules.