Legal Question in Civil Litigation in California

Jurisdiction and Discovery

Someone has sued me (an Australian) fraudulently in Californian courts.

Does the Plaintiff's Lawyer have a right to serve and demand answers to Discovery inquiries before an Answer has been submitted and while a Motion to Quash on Jurisdictional grounds is pending hearing? The Discovery questions do not relate to Jurisdiction - but to the claims. If this action is wrongful, how do I complain?


Asked on 3/30/07, 6:33 pm

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Jurisdiction and Discovery

I assume that you were sued in California State Court and not United States Federal Court in California. Under California law, discovery can be served 10 days after service of a Summons. If you are not subject to the jurisdiction of California, a Motion to Dismiss can be filed for lack of jurisdiction, or the case can be removed to federal court and the Motion filed. Under federal court rules, discovery cannot normally commence until the initial status conference. Should you need help in defending this action or have any more questions, please contact me.

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Answered on 3/31/07, 12:47 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Jurisdiction and Discovery

I would ask the attorney who is handling your Motion to Quash.

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Answered on 3/30/07, 7:35 pm


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