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, 3:38 pm

1 Answer from Attorneys
Bryan C. Becker Your Lawyer for Life.

An an attorney can appear on her behalf at the case management conference and inform the Court that she is out of the country and request a continuance. In additon, you can notify the plainitff and ask for an extension of time to respond to discovery. If they do not agree to an extension you can then petiton the court for one. We can limit our representation to these issues if you are interested in represenation but concerned with cost, feel free to contact me via phone or email if you would like more information. Was your Mom out of the country when the complaint was served?

Regards,

Bryan

619.400.4929

[email protected]

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Answered on 8/13/09, 5:55 pm


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