Legal Question in Civil Litigation in California
Discovery Query
I am involved in Municipal Court litigation. Each side is limited to a "combined" 35 discovery items (CCP 94). The plaintiff has served 34 "special interrogatories", 13 request for admissions, 13 requests for production of documents and a set of form Superior Court interrogatories which, for the most part, contain "subparts" (not permitted in Muni Court.) When faced with similar situations in Superior Court, I would answer the "first 35" questions (suggested by Rutter) and then object to the rest. What would you do here? Object to everything? Answer 35 "easy" questions and object to the rest? As to the interrogs, would you object to the whole set as having subparts or count the subparts as separate questions (and really increase the number of questions asked thereby assisting in limiting responses.) Thanks.
2 Answers from Attorneys
Re: Discovery Query
I would answer 35 easy ones. If you object to all of them, the judge will probably direct that round to be stricken and let the propounding party serve 35 of his choice. If you answer 35, I don't see how a judge could make you answer another 35 of their choice.
Re: Discovery Query
I was in a similar situation. I would answer the Form Interrogatories actual questions, and object to the subparts. Since the actual questions are basically the same as muni form rogs. If that doesn't equal 35, I would answer the request for admissions and then the request for production. These are all easier to provide answers to without preparing in depth answers. The special interrogatories are the easiest to object to and the court will probably not grant his motion to compel.
Good luck.
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