523 question: Are state curt discovery sanctions non-dischargeable
Posted: Mon Jan 28, 2013 2:26 pm
Are civil sanctions for nonresponse to discovery request nondischargeable under 523(a)(6) for abuse of process?
The client had a multi occupant property up for sale because he could no longer afford. The sale fell through and the property was foreclosed. An employee, who was not authorized or paid to reside on the property, had started to spend the nights on the property under the excuse he worked later than his shift required and it was easier for him to 'spend the night' on the property than make it back to work on time for his next shift, asked the client to fill out the forms so he would receive the "move out" money the other tenants received.. The client refused. The client told the employee he was not a tenant, not allowed to stay on the property overnight.ies he lost to foreclosure. The employee had personal possessions on the property and when the police came to evict everyone he had just moved his property from one unit to another, the police determined he did not have any
right to possession of the property and evicted him. This employee, aided by his brother, an attorney, filesd a state court lawsuit claiming wrongful eviction, IIED, Neg IED, Breach of Contract, Breach of Implied Covenant of Fair Dealing, Negligence, Battery, Unlawful business practices and asked for damages including punitive damages. After answering client did not have the money for counsel and knew he would be filing bankruptcy because of the rest of his situation. Employee received an Order Issuing Sactions for non response to discovery. No trial on the matter, bankruptcy filed.
My research shows that just answering a complaint to delay a trial is not an abuse of process. Submitting a false declaration or misleading the court is an abuse of process. It seems that non response to discovery is not an abuse of process. Anyone have any experience with this issue?
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com
The post was migrated from Yahoo.