Legal Question in Real Estate Law in California

Re: defendent of civil complaint submits false evidence during discovery

Attorneys need to be very cautious about using threats of criminal or administrative proceedings in the context of a civil suit, as this is contrary to our rules of ethics. While a self-represented person isn't subject to the rules of ethics in a strict sense, I believe a judge would consider a threat of criminal action to be somewhat improper. At worst, it could even be extortion.

Since answers to interrogatories must be verified by the answering party, the crime possibly committed by giving knowingly false responses would be perjury.

I believe it is fairly common for parties to disbelieve large portions of each other's discovery responses, yet criminal actions are quite rare. Usually, the proper action is to take the other party's deposition, and interrogate them rather fully, on the record, regarding the truth or falsity of the interrogatory responses.

Further, proof of the truth or falsity of any of the allegations or responses in a civil suit must usually await the trial, where all the evidence will be before the trier of fact (a judge rather than a jury in a partition). Until then, all matters in the pleadings and discovery are inconclusive and in a kind of "to be determined later" status for most legal purposes. (An exception would be a demurrer or certain motions, where all well-pleaded contentions may be taken as true for the limited purpose of deciding the demurrer or motion).

If you are an in pro. per. plaintiff in a partition suit, congratulations on getting this far by yourself. Did you apply for and receive a judge's permission to file a lis pendens against the property? See Code of Civil Procedure sections 872.250(a) and 405.21.

Re: defendent of civil complaint submits false evidence during discovery

I agree with Mr. Whipple. In addition any discovery response containing a "false" answer can be used against the party making the response at trial to impeach their testimony. A judge in a partition trial would also be aware of BAJI 2.22 which provides that when a witness testifies falsley in any material respect, the trier of fact may disregard all of that witness' testimony as false.