What are the scope of attorneys fees that can be granted on a motion to compel?

Litigation 6 views 2 answers
Can they include the meet and confer process? Drafting of the motion? Reply? Hearing?

Attorney Answers

2
Sagar Parikh ·
Typically it is the motion, replying to the opposition to the motion, and attending the hearing.
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Frank Chen ·
The scope of the attorney's fees which can be awarded as discovery sanctions include the meet and confer process, preparing the motion and any reply to opposition, and the hearing itself. Note, however, that if the moving party is self-represented, the court will not award attorney's fees as sanctions. In other words, if you are not an attorney, you will not be entitled to recovery attorney fees as reasonable sanctions for any discovery motions. Parties appearing in pro per may not recover attorney fees through discovery sanctions. (Kravitz v. Sup.Ct. (Milner) (2001) 91 Cal.App.4th 1015, 1020—but such parties may recover reasonably identifiable litigation costs (e.g., photocopying, transportation to and from court, etc.) even if those costs would ordinarily be included in a lawyer's hourly rate.) In fact, in the case of Argaman v. Ratan (1999) 73 Cal.App.4th 1173, 1175, the court held that a party in pro per (although an attorney) cannot be awarded attorney’s fees as a discovery sanction.
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