Legal Question in Civil Litigation in California

We are in the midst of Discovery for a Civil Breach of Contract Case. One of the Plaintiffs has been deemed incompetent. The Plaintiffs have not asked for an appointment of a guardian ad litem or Conservator. They simply did not respond to Defendants request for discovery. The second plaintiff objected to EACH AND EVERY discovery request. Our (defendants) attorney filed motions to compel discovery, and the Plaintiffs attorney responded with a case management statement. This seemed strange because the last case management conference was 3 months ago and the next one is 6 months away. Is it typical to file a case management statement in place of responding to motions, or to file a case management statement not associated with a case management conference?


Asked on 11/01/12, 11:27 am

2 Answers from Attorneys
Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

No, it is not common to file a case management statement in response to motions to compel, and it has no effect whatsoever on the motions. It looks like they may have miscalendared some dates, or else they just have no idea what they are doing and didn't know how to respond to the motions. If the plaintiffs are representing themselves, they may not know what they're doing. If they have counsel, you may want to check the court docket to make sure that there isn't a case management conference on calendar that got set without your, or your attorney's, knowledge.

Your attorney should be answering these types of questions for you.

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Answered on 11/01/12, 11:33 am

It is not any kind of response to a motion to compel. It is irrelevant to the motion. Why the would file one so early is beyond me, but there is nothing technically wrong with it.

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Answered on 11/01/12, 11:34 am


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