Legal Question in Business Law in California
I am a defendant in a limited civil suit and have served a demand for production of documents to the plaintiff, which has gone unanswered. I sent a follow-up to the plaintiff as a 'reminder' which has also gone unanswered. I need to file a motion to compel, but am unsure of the necessary points required and necessary docs that need to be attached. Is there an outline of the requirements in the code of civil procedure? (searched, but cannot find...). Thank you!
4 Answers from Attorneys
There are many rules in both the Code of Civil Procedure and the Rules of Court, that govern motions, and motions to compel. They are too numerous to list here and go over in detail. Is there any reason that you do not have an attorney?
If you need assistance in writing a motion to compel, I can prepare a motion to compel and provide you with an hour's worth of telephonic consult on the motion for $250.
I would call your attention to Code of Civil Procedure section 2016.040 which, in effect, requires you to "meet and confer" with the opposing attorney (or self-represented party) before bringing a motion to compel. The preceding and following sections of the CCP may also shed some light on the subject.
Since no one has actually answered your actual question, I will chime in. The place that 99% of lawyers go to figure out what needs to be done to file a motion to compel is a publication called "Civil Procedure Before Trial," published by The Rutter Group and authored by retired judges Weil and Brown. It is a multi-volume loose-leaf annually updated publication. You will find a copy at your county law library in Oroville. I would also add that whomever told you that you have a "meet and confer" requirement before you file is wrong. That only applies to a motion to compel FURTHER responses, when initial responses are inadequate or non-responsive. There is no meet and confer requirement when no responses have been served at all.
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