This is a doozy..

[daffan]

What is the name of your state? California
I am a plaintiff in pro per in a civil suit.

Today I had a hearing for a body attachment warrant against a defendant who refuses to obey court orders.
My regular judge is apparently very ill and will permanently be replaced. But today I had a temporary judge.

This judge reversed the prior judge's order finding the defendant in contempt for refusing to obey a court order to answer interrrogatories. Sanctions had been ordered prior but the defendant will not participate in any court hearings or obey any court orders.

The new judge, told me that the defendants "have a right" not to participate in discovery and that the only sanction was monetary. you cannot find them in contempt". he did not want me to cite the laws that say differently telling me he had made his decision. Apparently he disagrees with California law that parties have a right TO discovery.

I told I was not prepared for this and asked how I could address the issue at a later time. he told I could appeal.

Now the trial is not for some time. Can you appeal, before trial, a single decision? I assume so but don't know how or even if it is a good idea. If this new judge is present for my next scheduled motion hearing, I might strongly disagree with his decision then as well.

 

[daffan]

Doesn't anyone know how to handle this?

Look folks. I have a whole list of possible defendants. Two of which I can now name and am taking care of that. The rest, I still don't know their names though I know their role in my fraud (scam) case.

The only defendant that I had any interaction with is the one who refuses to obey a court order. They are also the defendant who claim to be in charge of everything that happened in my fraud case. If I don't get the documents and info that I have a right to, I don't see how I can go after the other defendants, at least as efectively as I should. Not the ones with money anyway and I believe I have the right to collect from any of the little scammers who the court will find liable.

If I don't get the court to MAKE this defendant follow the law and court orders, I might as well throw in the towel. They are never...NEVER going to show up voluntarily. This includes if I file for default and demand they produce financial records. They have already told the court and me to shove it where the sun don't shine by continuously thumbing their noses at court proceedings, discovery rules and orders. They are scam artist and I by god want justice. I have no way of "making myself whole" through the judicial system if the court won't uphold its own orders.

Plus, this judge has not been handling this case since last June and hasn't gotten peeved himself because he has been disobeyed time and again.

The law is pretty clear to me that contempt IS a discovery abuse sanction and it was only used after the other party ignored numerous other sanctions.

Somebody, anybody, help. How long do i have to appeal? Or is that my only option? I don't want to miss deadlines and heaven knows I don't have time to re-create the wheel but I guess I'll have to.

Help.