Legal Question in Real Estate Law in California

Hello,

My Mother was served with a summon and complaint for a unlimited civil case to which she responded to. There is a case management review scheduled in October 2009 and the Plaintiff has sent Form Interrogatories General DISC-001" asking for more answers within 30 days. My mother is currently overseas and not available to answer to the questions because she is in remote areas where internet and fax is not available and she will not be back in time to appear in the case management review.

She is planning on returning back to the US in January 2010

I have two simple questions.

1.) What paperwork needs to be filed with court to let them know that she needs more time to answer to the questions of the Plaintiff and also she cannot appear in the Case Management Review.

Can it be a formal letter addressing to the judge sent by mail to the court? or Do i have to go to court and hand deliver and record it with the clerk?

Also send a copy of the letter to the plaintiff?

2.) Once she has filed for an extension, can another extension be granted if she is not back in time?

This case is in California.


Asked on 8/13/09, 3:05 pm

3 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

She needs to retain an attorney to represent her in this matter. The attorney should be able to work out an arrangement to delay the discovery and appear in court as needed. If she does not retain an attorney she may have her default entered against her and a judgment entered against her.

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Answered on 8/13/09, 3:24 pm
Terry A. Nelson Nelson & Lawless

Neither she nor you are allowed to communicate with the judge. Contact the plaintiff's attorney and request extension. If denied, she needs to hire an attorney to prepare a motion for extension.

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Answered on 8/13/09, 4:45 pm
Cathy Cowin Law Offices of Cathy Cowin

The opposing attorney can grant an extension of time to respond to the discovery questions. Get it in writing! If that attorney will not do so, a motion needs to be filed with the court or interim responses prepared. You could also stipulate with opposing counsel concerning an extension of the CMC (Case Management Conference); however, it would probably be best to have an attorney involved to ensure that things are put on hold as best possible until your mother can attend to this matter. You said that she has responded (timely assumed) to the complaint. That raises some questions of why she was able to attend to that matter and not the others. Given that it is an unlimited civil case, the value of the case warrants careful attention.

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Answered on 8/13/09, 9:49 pm


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