Legal Question in Civil Litigation in California

I filed a discovery in an unlawful detainer. I am the defendant. It's been fifteen days now and the client hasnt responded. Can I file a motion to compel? Also, will I file this as an ex parte motion since the regular timing of a normal motion might be too long when it comes to unlawful detainer?

I guess what I want to know is whether I am required to file it as an exparte motion, or if I should file a regular motion.


Asked on 5/19/11, 8:34 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You had asked this earlier, and several of us had pointed out the problem with the discovery cut off. You can try to file the motion to compel as an ex parte, but don't be surprised if the trial court orders you to make a noticed motion. At best, the trial court may give you an "order shortening time," for a noticed motion with shortened time periods for your opponent to respond.

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Answered on 5/19/11, 8:38 am


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