Legal Question in Civil Litigation in California
I served plaintiff with discovery papers almost three weeks before trial. They didnt respond and I filed a motion to compel. However, during this time a trial date was set. When we went for the motion to compel, the judge had me serve them again and gave them five days to respond and reset the trial date.
Here is the thing, their five days ends on lets say the 1st and the trial date is on the 3rd. So, naturally on that same day they filed a request to my discovery by objecting to it based on ccp 2024.040(b)(1).
They are clearly trying to do everything to avoid discovery.
My question is this, I need discovery to win my case. What do I do? Ask the judge to extend the trial date so its five days before trial? or file a motion to compel further response? This is an unlawful detainer case and I am the defendant. Any help is appreciated. Thanks.
1 Answer from Attorneys
I'm not sure but I think they're wrong. I read that all discovery must be done by 5 days before does not mean their responses must be due five days before. They just need five days notice. So I think you could still make your motion to compel at trial and exclude them from presenting anything you requested.
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