Legal Question in Business Law in California
Plaintiffs responses to my Form Interrogatories were missing pertinent answers some questions and many subsections.
More than 45 days after receiving the deficient responses I (in pro per) sent a "meet and confer" letter requesting answers withing 10 days. 11 days later his attorney emails me with "your meet and confer is invalid and not in good faith" lectures me with two pages of legal verbage and then agrees to provide "amended responses" within the next 10 days - they do not arrive.
Further requests have responded to evading the question entirely (see below).
Do I have grounds for a Motion to compel - even though my request was more than 45 days after receiving the responses? given that plaint agreed to provide "amended responses" see, thats the careful wording part - they didnt say they would provide for the unanswered rogs, simply amended responses.
further requests were responded to as follows:
To whom it may concern:
Due to the circumstances and past events, we will no longer accept email communications from you relating to the matter of xxx v. xxxet al, OCSC Case No. xx-xxx-xxx.
All future communications will be accepted by person to person, or by telephone (949) xxx-xxxx, or in writing via mail, and/or facsimile (949) xxx-xxx. Please provide your fax number to this office at your earliest convenience.
PLEASE TAKE NOTICE THAT IF YOU CONTINUE TO COMMUNICATE VIA EMAIL, YOU DO SO AT YOUR OWN PERIL AS YOU WILL NOT RECEIVE RESPONSES FROM THIS EMAIL ADDRESS, OR ANY OTHER EMAIL ADDRESS IN CONNECTION TO xxxv. xxx.
Thank you for your prompt attention and cooperation regarding this matter.
3 Answers from Attorneys
The other party has a right to refuse to receive case-related communications by e-mail.
You are probably too late to compel answers via a motion. If you really NEED the information for your case, you should obtain it by other means, such as specially-prepared interrogatories or taking a deposition.
Or, you could consider retaining a lawyer to do what lawyers are trained to do.
It is too late for you to file a motion to compel further responses the the form interrogatories. A party who deems responses to be vague, evasive, or that objections lack merit must meet and confer and file a motion to compel within 45 days of service of the responses. This time period is extended by five days if the responses were mailed from an address in California, but based on what you have provided, that time limit expired last week.
As a Franchise Attorney I believe you have received the answer to your question from the other attorneys. The bigger issue is why are you not using an attorney to represent you? Litigation is very technical and not for lay persons - unless you want to lose the case. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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