Legal Question in Civil Litigation in California
How to know if ''Motion to Compel Production of Docs'' FILED or NOT
I am non-party, received judgment debtor's ''Notice of Motion and Motion to Compel Production......'' and ''Separate Statement in support of Motion to Compel...'', about a week ago. The date of the hearing is indicated on the documents.
However when I check the Court's ''HEARINGS'' and ''REGISTER OF ACTIONS'', there are nothing related to Motions on or near that date except the following:
Under the court's calendar of HEARINGS, there is only ''DISCOVERY-DEMAND TO PRODUCE/INSPECT DOCUMENTS OR THINGS''.
Under the Court's REGISTER OF ACTIONS, there is only ''DM-DEMAND TO PRODUCE/INSPECT DOCUMENTS OR THINGS'', and ''Separate Statement'' showing as filed.
Are those the same thing as Motions? There is nothing else that says MOTION, or anything like that. Has the motion already been granted? If so, I don't get a chance to file a response? Or did they not file the Motion?
1 Answer from Attorneys
Re: How to know if ''Motion to Compel Production of Docs'' FILED or NOT
What is on calendar is the Motion to obtain the additional information. But since you are non-party, a Motion could not be filed against you; it can only be filed against people who are part of the lawsuit. And it would be the judgment creditor who would subpoena your records, not the debtor.
Call up the debtor's attorney and find out what is happening; if your do not get all the information or want to be cautious, cal up the creditor's attorney also. Consider whether you want to give up the information the requests ask for and then you will be informed by one of the parties what the result of the hearing was.
Since you are not part of the lawsuit, you can not file an opposition to the Motion but can reject it if you have a legal basis to do so.
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