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Geraldine Hughes -

Once the right against self-incrimination has been invoked,
a Stay is not mandatory but rests within the sound discretion
of the Court. Fed. S&L Ins. Corp. v. Molinaro, 889 F.2d 899
(9th Cir. 1989). The Court of Appeals held that the privilege
against self-incrimination may be invoked not only by a crimi-
nal defendant, but also by parties or witnesses in a civil action.
However, while the privilege of a criminal defendant is abso-
lute, in a civil case a witness or party may be required to waive
the privilege or accept the civil consequence of silence if he
does exercise it. There is a wide range of civil sanctions that
may be imposed upon a civil litigant who invokes his or her
Fifth Amendment right. Although one cannot be penalized for
asserting the privilege against self-incrimination, one is held
accountable for the consequences that directly results from its
assertions.
Defendant's opposition to the motion to compel argued that
his deposition should be continued until the threatened crimi-
nal prosecution is disposed of and until defendant's current
medical treatment is concluded.
Code of Civil Procedure section 36 is mandatory and re-
quires that preference be given in actions such as the case at
hand when plaintiff is under the age of 14 years old.
Motion to Compel Further Responses
Mr. Cochran opposed Mr. Feldman's motion to compel
further responses to written discovery stating that "it will vio-
late Michael Jackson's constitutional rights." "That Michael
Jackson be given the same right to have his testimony heard
for the first time at trial without fear that the prosecution will
try to impeach his credibility." Mr. Cochran stated that, "the
law enforcement agency has sought and gained access to all
discovery in this action." He also opposed the request due to
it being overbroad, seeking information not related to plaintiff's
claim of sexual molestation, that the information sought was
protected by work product and attorney/client privilege, and
the request for financial information was premature. He also
contended that because of the changed circumstances, Michael

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