Legal Question in Real Estate Law in California
No response to our Request for Documents or Interrogtories
I am defendant in Partition lawsuit. Plaintiff asked for Admissions, Request for Documents and Interrogatories form. I replied completely and on time. I requested same from Plaintiff. I only received the answer to Admissions form and nothing else. Can he withhold this information from me?
4 Answers from Attorneys
Re: No response to our Request for Documents or Interrogtories
Assuming that your discovery requests were properly served, they cannot withhold information from you. However, you would need to file a proper motion with the court to compel them to respond. If you don't have an attorney, get one because filing a motion can be difficult for someone without an attorney.
Re: No response to our Request for Documents or Interrogtories
If he didn't respond to the other stuff, then he's waived objections. You can file a motion to compel responses and document production and ask for monetary sanctions again him and his attorney. If you want to be nice about it, you can call him (or his lawyer if represented), and ask whether he forgot about responding to the others.
Re: No response to our Request for Documents or Interrogtories
if properly drafted and served, must answer on time, and, if not, file motion to compel.
Re: No response to our Request for Documents or Interrogtories
Consult the chapter entitled "Discovery" in California Practice Guide: Civil Procedure Before Trial (The Rutter Group 2006). You can find this reference at your local law library.
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