Legal Question in Civil Litigation in California
I received the following response to a prior question on time limits to file a motion to compel which I greatly appreciate.
Before filing a motion to compel further responses, there is a requirement to meet and confer. If there were no responses, you do not need to do so. There is no time limit to file if there were no responses. You must file a motion to compel further responses within 45 days of the receipt of the deficient responses.
Are there any expectations? What would be the requirement for the expectations to be valid? Thank you!
2 Answers from Attorneys
The previous answer was correct.
When you file the motion, you will ask for responses and, if you are represented by counsel, you will ask for monetary sanctions, based on your attorneys fees. If you are not represented by counsel, you should still ask for monetary sanctions. Include a declaration that justifies the amount of sanctions.
Be sure to check the court rules regarding the motion. Generally, you will need the motion, a memorandum of points and authorities, and a supporting declation, which will include the actual discovery requests. Because you did not receive any responses, at all, you do not need a "separate statement."
It might be a good idea to check with an attorney because you want to be correct in all of your procedures. It should not be difficult to find an attorney to help you because the motion will likely result in an enforceable sanction order.
It sounds like you will not be successful in discovery unless you have an attorney representing your interests. If you do not follow proper procedure, you could lose your right to obtain evidence. Please let me know if you would like assistance.
Daniel Bakondi
415 450 0424
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