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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I lost a motion sanctions. The order says that

Customer Question

I lost a motion for termination sanctions. The order says that the operative complaint is dismissed. does that mean that the whole lawsuit is dismissed?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
also if the lawsuit is dismissed can I do anything about it?
Expert:  CalAttorney2 replied 1 year ago.
If the defendant made the motion for termination sanctions, and won, with the court dismissing the operative complaint, then the lawsuit would be dismissed. It is possible for the plaintiff to file a "Motion for reconsideration", or even an appeal of this ruling (the timeframe for both of these motions is very very short, so you will need to be proactive in addressing this.If you were the plaintiff and lost a motion for terminating sanctions, you need to identify why the court found the conduct that was the subject of the motion was so wrong that you deserved to lose the opportunity to present your case (for example, did you refuse to participate in discovery on multiple occasions, did you fail to appear at court hearings, again usually more than once?) and is there any way that you can assure the court that this will not occur a second time - these kinds of questions can be raised in a motion for reconsideration (acknowledge an issue and assure the court it will not happen again, perhaps give more insight into the issue that was not raised in the original opposition, etc.). Terminating sanctions are very heavy sanctions, and courts generally are reluctant to impose them, but if they do the court will generally have a good reason for doing so, if you can give the court a good reason to change its position, the judge may be willing to take a second look.

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