Legal Question in Landlord & Tenant Law in California
received a demand for production of docs.
I am getting sued by my landlord and received a motion for summary judgement. His lawyer is demanding production of docs before that date. do i have to summit my evidence or can i deny it and show it on my court date?
2 Answers from Attorneys
Re: received a demand for production of docs.
You are apparently dealing with two "demands." The first is an opposition to motion for summary judgment -- in short, you are required to file and serve a written opposition to the motion. You are not permitted to merely show up on the date of the summary judgment hearing and give a verbal opposition. In all likelihood, if you do not file and serve a written opposition, the court will treat the motion as uncontested and issue a tentative ruling the day before granting the motion.
If you have been served with a Demand for Production of Documents (or similar document per CCP 2031.010 et seq.) you are required to produce documents as requested 35 days after service of demand (if demand served by mail). If you objections to the demands, you can include them in your response to the document demand. NOTE � if this is an Unlawful Detainer action, your time to respond and produce is going to shorter. Make sure you review CCP for the deadlines). Failure to timely respond may result in waiver of any objections and possible sanctions, including monetary sanction in the defendant�s favor or termination of your lawsuit.
From your questions, it sounds like you have too many balls in the air and could really benefit from legal counsel. Civil litigation is replete with pitfall for the inexperienced. If you cannot afford to hire counsel, check with your local law library or legal aid agency for assistance. See following site for directory of legal assistance for your county:
http://www.lawhelpcalifornia.org/CA/StateDirectory.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/CA/TextOnly/N/ZipCode/%20/LoggedIn/0/directory/11/searchletters/bysa
Good luck
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Re: received a demand for production of docs.
if the court has ordered on the motion then u have to produce the documents as directed.