Legal Question in Real Estate Law in California

asked opposing attorney for an extension b/c mom out of country.

Mr. Feldman's suggestion is sound. You can also communicate with your mom by fax or e-mail to get the answers. I'm not sure what court date is in October. If the lawsuit was just filed, it's probably a date for the plaintiff to show up to make sure that your mother has been served. Feel free to provide me with more information by direct e-mail about the lawsuit -- including court and case number -- and I'll see if I can glean more information for you.

I assume your mother was "served" with a summons and complaint, and it sounds as though she filed an answer, thus avoiding a default. So far, so good. The first court date after a lawsuit is filed is usually a "case management conference" which is a short appearance before the judge to acquaint the judge with the particulars of the case such as when the parties will be ready for trial, whether "alternative dispute resolution" such as mediation might result in an early settlement and avoid trial, whether a jury trial is requested, and so on. A Case Management Statement on Form CM-110 should be served and filed 15 days before the CMC. No evidence or testimony is considered and no one is sworn in at the CMC; it is rather informal and usually lasts less than three minutes.

As to the Form Interrogatories, I don't think being out of the country is a barrier to a timely response. The required response is in writing, to the opposing party or counsel, and you can request an extension if necessary, but there is really no reason the response cannot be handled by FAX or e-mail. No court appearance is involved.