Legal Question in Civil Litigation in California

Reference to Message no#678912903
11/7/07 I filed to compel disclosure & the judge granted it. Defendant failed to follow a court order. 2/12/08 I filed a motion for rendering default. Court set a date for an Evidentiary Hearing on 9/17/08 to determine if it is the Defendant/Counsel causing the discovery abuse. On 7/14/08 the Defendant/counsel files 3 Notices w/ the court. They file a Notice for their ADR Statement which should have been filed on 1/16/06, file a Notice of Service of there Response to my request for Production of Documents. That I requested back on 12/10/07 & never given permission to enter Upon Land to Inspect after a timely request scheduled on 1/21/08. The 3rd Notice filed was their Service of Rule 26.1 Disclosure Statement. The opposing counsel finally sent their Disclosure Statement & it did not have one shred of evidence to support there Counterclaim filed 9/23/06. I want to file for a Summary Judgment my concern is what if the opposing counsel claims they did have the evidence in their Disclosure Statement. How do you prove to the court what documents are included in the Disclosure Statement it�s not filed with the court. How can the judge know what documents where exchanged? How can you prove who sent what to each other?

Asked on 7/23/08, 8:28 am

Daniel Bakondi The Law Office of Daniel Bakondi

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Re: Reference to Message no#678912903

Are you currently represented by counsel?

Answered on 7/23/08, 11:12 am

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