Legal Question in Civil Litigation in California

I filed a request for discover. The plaintiff didnt reply and so I filed a motion to compel. The court clerk gave a court date, five court days and then five for mailing, equaling ten days. However, the day we are supposed to go to court for the motion to compel is two days before the actual trial court date.

I've heard I can file a motion to move the trial date. I ask for the discovery over three weeks ago, so when I filed it, I was in the right time line.

My point is can I go to court on monday and file a motion to move the trial court date. Do I do this as an ex parte motion? or do I just do it on the same day as the motion to compel?

Also, is there any law preventing me from doing this?

This is an unlawful detainer case, and I'm the defendant.

Thank you very much.


Asked on 5/22/11, 4:57 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You do not state what the actual dates are, so I do not know when the hearing is set for. You could probably wait for the hearing on the motion to Compel and request at that time that if it is granted that the trial date be continued or all evidence related to your discover be barred from trial so that you can win the case.

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Answered on 5/24/11, 6:49 pm


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