Legal Question in Business Law in California

Request for Documents

I am involved in a dispute with an old sales rep. This sales rep is demanding payment for commissions. Many of the orders they want commissions for were canceled or already paid. I have a good feeling that if I request it they will not be able to come up with all the original Purchase Orders to support the massive claim they have made. What type of request can I use to force them to produce the documentation supporting their claim that will put the most pressure on them(i.e. a request with a deadline)? Also, if they do not comply within the specific deadline are there actions I can take to compel them to produce the documents. For example, a order to compel that would result in their case being forfeited or defeated because of their lack of compliance? I have a strong feeling that they would be unable to produce all, if any, of the documents, and I want to be able to put their backs against the wall.

Thanks in advance for the help.


Asked on 3/21/08, 9:49 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Request for Documents

If the 'dispute' is already a filed Labor Commission claim or a lawsuit, then follow the proper procedures; if you don't have an attorney, get one so he can do this correctly. If it isn't yet filed, then make any request you like. Nothing you can do can force them to comply, not prevent them from filing a claim or lawsuit. If they do, you'll then have 'discovery' procedures available to force them to disclose what evidence they have. Feel free to contact me if you are serious about getting experienced counsel to help you.

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Answered on 3/23/08, 4:34 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Request for Documents

You need to make a formal request for production. If the plaintiff doesn't produce the documents, then you can bring a motion to compel. If the motion is granted and he doesn't comply, you can move to for evidentiary sanctions and/or issue preclusion.

One problem you may face is that you may not be able to do this in pro per. If your business is a corporation then it must be represented by counsel. You can represent yourself, but can only represent your business if it is a dba. Corporations and other types of business entities have their own legal existence, so if you were to represent such an entity you would be acting as its lawyer. Only licensed attorneys are allowed to do that.

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Answered on 3/22/08, 6:49 pm


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