Legal Question in Landlord & Tenant Law in California

Thank you Mr. McCormick for your prompt answer to my subpoena question. As it turns out, the notification of new court date was a mistake by the court clerk; my trial is still the 22nd.

If you could be so kind as to entertain another question (or two) of mine; this issue has been driving me nuts, and I can't find an answer to it anywhere:

The question is regarding Discovery time lines, specifically for Interrogatories.

Background:

We are in the midst of UD action #2, as the plaintiff dismissed the first before trial. During the course of the first case, I served plaintiff with Form Interrogatories that were never responded to or even acknowledged. Fast forward to present case...

June 28th I served the plaintiff's attorney with Form Interrogatories (served in-person), and the same afternoon I received the clerk's notice that the date had been set for trial, July 8th.

Since he was served in person, the 5 day deadline fell on Saturday, July 3rd. Considering that the courts were closed Monday, July 5th, did this extend the time the had to respond until Tuesday the 6th? The plaintiff's attorney told me this is the case.

He also said that they are not obliged to answer them since their response deadline falls within 5 days of the originally scheduled trial date. Is this true?

Further, he filed an Objection to the interrogatories stating the same as the basis for objecting - response deadline falls within 5 days of original trial date.

I filed a motion for continuance because I wasn't able to give my employer enough advance notice. The motion was granted, hence the new July 22 trial date.

Do I still have any avenue to compel the interrogatories, or has the opportunity completely passed?

Thanks again for your invaluable assistance.


Asked on 7/13/10, 1:54 pm

1 Answer from Attorneys

Plaintiff's attorney is correct about the way days are counted for responding to the discovery, and that it would put the response within the five-day barrier ahead of the trial date. I have not looked to see if there is a special UD rule about continuances, but the rule in general civil procedure is that a continuance does not reopen discovery unless requested and granted in the request to continue the trial. So you have no options to compel responses. Unfortunately it is also now too late to ask the court to reopen discovery. The only chance you have is to make a motion for an order shortening time to serve, and for them to respond to a new set of interrogatories. I wouldn't bet a lot of money on your chances of winning that motion at this late date.

Read more
Answered on 7/13/10, 5:02 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California