Legal Question in Civil Litigation in California

I have a question about an ongoing discovery dispute. Plaintiff extended my time to amend discovery responses if I agreed to give him 30 days from the date my amended responses were served to file a motion to compel more responses. He now says he has more time because I amended my responses and he has 45 days according to the code but I think we had made a different agreement and I confirmed it in writing.

All the details --

Discovery sent 5/16/11; responses on 6/10/11; letter requesting further responses sent 6/309/11; amended responses sent on 7/11/11; another letter requesting further responses sent 8/8/11 but the attorney who sent the letter said that he would give me until 8/24 to amend discovery responses if I agreed to give him 30 days from the date when further responses were served. I serve further responses on 8/24/11. I think his deadline was 9/24. On 9/28 he sent another letter wanting more responses saying his deadline was 10/7 to file his motion. I pointed out the prior agreement and he says he has 45 days from the date I served my amended responses because of CCP 2030.300(c). I looked that up and it says 45 days OR a date agreed in writing.


Asked on 10/04/11, 1:30 pm

2 Answers from Attorneys

You conveniently leave out the provision that the deadline is 45 days from the responses OR any supplemental responses. Feel free to try to stand on the 30-days. IF the court thinks your responses are sufficient, the court may decide the 30-day agreement supersedes that code 45. But if you are screwing around and giving incomplete and/or evasive responses to interrogatories, the court is going to hold the 45 days applies and not only order further responses, but also make you pay the other side's attorneys fees for forcing them to bring a motion. Bottom line: don't try to use technical arguments to avoid legitimate discovery response obligations. There is nothing the court likes less than discovery gamesmanship, and they will throw the book at you if you are not being fully compliant with your discovery obligations.

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Answered on 10/04/11, 9:43 pm
Anthony Roach Law Office of Anthony A. Roach

You are misreading the statute. Code of Civil Procedure section 2030.030, subdivision (c) states that "[u]nless notice of this motion is given within 45 days of the service of the response, or any supplemental response, or on or before any specific LATER date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories."

Thus your opponent has 45 days from service of the supplemental response to move to compel, unless you agree in writing to a LATER date. It doesn't say you can agree to an earlier date.

Finally, I agree with Mr. McCormick that it appears you are engaging in gamesmanship, which is a quick way to lose your case.

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Answered on 10/18/11, 11:40 am


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