Legal Question in Civil Litigation in California
In an Unlimited Civil case, I served defendants (an H.O.A., and property company) with the standard Form Interrogatories-Set One (Disc-001), regarding my original complaint (with 3 cause of actions).
But now, I amended my complaint and added 8 newer causes of actions, for a total of 11 causes of actions, in the case.
Do I served them again with another of the same Form Interrogatories, and call it Set One or Set Two, for the Amended Complaint .
and since the amended complaint has different incidents/torts, and the Form Interrogatorries form only refers to one Incident, do I serve another Form Interrogatories form on defendants for each Incident?
If there are five (5) different Incidents alleged in the complaint, do I serve defendants with 5 Form Interrogatories, one of each incident.
2 Answers from Attorneys
Have they answered the first set of form interrogatories? If not, and you have served the amended complaint, they should apply to the amended complaint. You do not serve seperate form interrogatories for each cause of action. The questions should be broad enough, and if you look at the definition of what your questions refer to on the first page, lower right area. You may have to serve special interrogatories to get the answers you want. A warning, my experience is that most defendant law firms, will not give you answers of substance, you will probably have to take depositions and then follow it up with Pointed requests for admissions.
It depends on how you defined incident.
You can serve any number of form interrogatories, but you will need to keep them straight by assigning them consecutive numbers. Keep in mind that you should not be using discovery for the purpose of harassment, as a responding party may be able to get a protective order and/or have you sanctioned.
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