Legal Question in Real Estate Law in California

This is about discovery and the verification of real signatures on a filed answer. Instead of real signatures, the lying defendants typed /s/ Jane Doe and /s/ Joe Doe.

There has been action in 3 courts. In court # 1, they filed perjurious answers and everything they answered is an outrageous untruth. In court # 2 they never answered. In Federal court # 3, they claim complete knowledge of all aspects of their business undertakings and all facts.

Q: Would i have to re-file and start all over again to make them sign their answer in court #1? If they sign this, then I could prove some 30 counts of perjury with their tax returns etc.

Q2: How common is perjury in answers? Just wondering.

Q3: Say we start all over again, how much would it cost to get the discovery completed? I would love a flat-rate deal! And you as attorney would not have to come up with discovery questions or analyze the stuff you receive - if any.

Thank you in advance!


Asked on 3/26/12, 3:41 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

If the original answer fled with the court [as opposed to copies which can be signed /x/ Joe Doe] is not signed, you could move to strike the answer, but then they would be allowed to file a new answer so there is no real advantage to object.

Answers normally deny facts that the answering party knows to be true, and the court is not going to do anything about that. You could ask them in discovery if they denied something knowing it to be true, but that is not something that has much effect in impeaching their testimony. If they raised several clearly false defenses that might have some effect on their credibility. For court #2 you should take their default. In court #1 there is no reason to refile; tax returns are privileged and unless they waive that privilege you will not be able to get them.

Most attorneys would insist on reading the entire file before substituting in as attorney of record in a case as they are opening themselves up to possible malpractice claims and hurting their image before the court if they prepare or alter discovery requests without knowing anything about the case. If want you really want is just an attorney to look over discovery requests to see if they are permissible and properly worded, then most attorneys would be willing to do that. By flat rate do you mean a $X per hour basis or just $X total for the entire work. I am willing to work on either basis [$150 per hour actually worked] but would have to know how much work is involved to know hat to charge for a lump sum, and it might take me more time to figure that out than do the work involved. You can contact me at 510-441-2684 if you wish.

not proof read

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Answered on 3/26/12, 5:53 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As to Court #1, most court clerks will look at anything presented for filing to make sure that it is signed properly and that a proof of service is attached. If it isn't signed, most clerks will refuse to file the document. You should either go to the court and look at the as-filed answer on the court's own file, or have a legal service do it for you.

Another important question is whether the complaint was verified. A verified complaint requires a verified answer. Verification means that the party "swears" that the answers are true. A court may pay attention to a falsified answer to a verified complaint, but otherwise, no.

As to perjury in answers, I'd say that it is quite common for an answer to an unverified complaint to deny all of the allegations, whether true or not, and that to do so is NOT perjury. If the complaint is verified, the answering party should use some discretion in what it admits, denies or obfuscates. The success of a suit or prosecution for perjury is not assured.

Finally, as to Q3, it seems to me there may be two "completion" expenditures, first for what you call "starting all over again" (if really required) with new filings and service of process, then followed by propounding serving, then receiving, analyzing and probably objecting to responses.

I cannot say without somewhat more information if I'd be interested in, or appropriate for, this case, but you are certainly welcome to contact me, privately and off-site, and preferably by e-mail. I'll analyze your case and give you a can do/no can do response.

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Answered on 3/26/12, 8:33 pm


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