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Motion to Compel Production of Evidence in a Traffic Case

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  • 01-06-2017, 11:08 AM
    Undiscovered
    Re: Motion to Compel, Next Steps
    My case was dismissed on the lack of discovery grounds alone.
  • 01-07-2017, 03:36 AM
    cdwjava
    Re: Motion to Compel, Next Steps
    Quote:

    Quoting Undiscovered
    View Post
    My case was dismissed on the lack of discovery grounds alone.

    Then, I imagine, it was after the court ordered someone to provide discovery and they failed to do so. If it was the DA or a City Attorney, they COULD appeal, but for the DA it's not worth the time and expense, and a CA would lack jurisdiction for a CHP case, so ...

    And, I suspect it was a Commissioner and not a judge that tried to order a CITY Attorney to provide discovery in a case involving a STATE agency.
  • 01-07-2017, 10:15 AM
    Undiscovered
    Re: Motion to Compel Production of Evidence in a Traffic Case
    Quote:

    Quoting cdwjava
    View Post
    Then, I imagine, it was after the court ordered someone to provide discovery and they failed to do so. If it was the DA or a City Attorney, they COULD appeal, but for the DA it's not worth the time and expense, and a CA would lack jurisdiction for a CHP case, so ...

    And, I suspect it was a Commissioner and not a judge that tried to order a CITY Attorney to provide discovery in a case involving a STATE agency.

    Yes, it was because the CA didn't respond except for their late and inadequate correspondence.

    It was a commissioner.

    And I don't care if this was right or wrong.For my purposes the CA was the proper one to serve.

    And the DA would have the same problem you described earlier... they have no idea that the case exists or how it was resolved.
  • 01-07-2017, 04:06 PM
    cdwjava
    Re: Motion to Compel Production of Evidence in a Traffic Case
    You're lucky that the City Attorney had no dog in the fight so they chose not to appeal ... heck, they likely never knew the end result because they were never involved at all! It would be like asking the prosecutor of Los Angeles County for discovery in a case filed in Alameda County!

    The DA would not appeal because, like the City Attorney, they were unaware of what was going on. And the CHP wouldn't ask the AG to appeal because, frankly, it would cost too much money ... and, I doubt the CHP noticed that the matter was dropped.

    In short, you got lucky because a Commissioner appeared to have made a poor call and no one noticed or cared that it happened.
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