Monetary sanctions due to missing a hearing

[harmloves]

Jurisdiction

California

For reasons I won't go into here unless necessary, I filed a legal malpractice claim in pro per over a year ago. Unbeknownst to me there was a hearing about a week and a half ago (a "post-arbitration status conference) that I didn't attend. I vaguely remember one of the attorneys who was helping me telling me at the Case Management Conference that all I had to do was not show up to the next hearing and the claim would be dismissed. (I do want it to be dismissed at this point). Now I've received an order to file a declaration explaining my failure to appear at the hearing I missed and apparently am risk for being liable for monetary sanctions.

• If I dismiss the case at this point, will the possibility of monetary sanctions go away?
  • If I dismiss the case, will I then be opening myself up to being a case of malicious prosecution? In that sense is it better to just allow the court to dismiss the case?
• What kind of monetary sanctions am I looking at? (e.g. what is the ballpark amount)?
• I did not receive notice of the hearing that I missed. Is this a valid reason for missing it?

Thanks.

 

[adjusterjack]

If I dismiss the case at this point, will the possibility of monetary sanctions go away?

I'll bet that the defendant won't let it go away.

If I dismiss the case, will I then be opening myself up to being a case of malicious prosecution?

Possibly.

In that sense is it better to just allow the court to dismiss the case?

That's kind of a "between a rock and a hard place" question.

What kind of monetary sanctions am I looking at? (e.g. what is the ballpark amount)?

How much has your defendant spent on attorney fees? That's your ball park if the court imposes sanctions.

I did not receive notice of the hearing that I missed. Is this a valid reason for missing it?

How would you prove you didn't receive it? My guess is that the court has a record of sending it to you. It will be in the case file. Check it.

Understand that your defendant has spent over a year devoting his time to the case and incurring litigation costs.

He's going to want to recover those costs if you back out now.