Legal Question in Real Estate Law in California

I have an outstanding discovery request for production of documents which a defendant is not providing the response and is claiming they do not have to respond as the complaint lists them as one (the 'XYZ' company) of three defendants, but in the complaint the attorney had written that "At the present time, Plaintiff's only complaint against the 'XYZ' company is that they are involved in the foreclosure process. They have only been named as a party herein so as to allow the court to exercise jurisdiction over them and order them to stop the foreclosure proceedings." They say they do not have to respond to discovery like the other defendants must, due to this clause in the complaint. I am preparing to do a motion to compel their response to the discovery request and I need to know if there is some possible validity to their claim that they do not have to respond to discovery as the other defendant's must?


Asked on 10/22/14, 12:22 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

There response sounds like a load of bull to me. If that is their response, you need to meet and confer and file a motion to compel further responses within 45 days after service of their response.

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Answered on 10/22/14, 1:21 pm


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