Legal Question in Landlord & Tenant Law in California
Landlord Served with Discovery: How Much Time to Answer
I filed an eviction to oust bad tenants. They hired an attorney and I was served BY MAIL with Interrogatories, Requests for Admissions and Request for Witnesses/Evidence, all received today. How long do I have to answer each of these? One says 5 days-extended by mail? One says 20 which is after the trial date. The other says nothing. The trial date is set in 14 days. Thank you.
2 Answers from Attorneys
Re: Landlord Served with Discovery: How Much Time to Answer
It's easy to be confused. Interrogatories and requests for admissions are called discovery. In ordinary civil cases it's 30 days + 5 days for mailing. In unlawful detainer cases it's 5 days + 5 for mailing. See Code of Civil Procedure section 2030.260(a).
As for the response to Request for Witnesses/Evidence, it must be served 20 days + 5 for mailing. See Code of Civil Procedure section 96(c). The request, itself, probably is untimely if served by mail less than 30 days before trial. See section 96(b). Good luck.
Re: Landlord Served with Discovery: How Much Time to Answer
Mr. Cohen has answered your questions thoroughly and competently. I have nothing to add.
There are a lot of confusing areas to the law, especially when you get into the rules of Civil Procedure.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
