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Defendant not responding to discovery questions for many months, giving reasons demurrer hearing is still pending. what to do?

Menlo Park, CA |

defendant not responding to discovery questions for many months, but deadline was only 30 days, giving reasons demurrer hearing is still pending. what actions court will take if it was proved the defendant was trying to hide the facts so that plaintiff cannot amend the complaint with more clarity?

Attorney Answers 4


  1. The court will take no action at all unless you first file a Motion to Compel the discovery responses. From your post, it appears that it may already be too late for you to file that Motion. I suggest that you consult with (and retain!) an attorney.

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  2. The status of the pleadings (demurrer, amended complaint) usually has no bearing on the right and obligations of discovery.

    If the defendant is not responding to discovery (and has not provided any responses or objections whatsoever), you need to file a motion to compel responses. This is not automatic. You must prepare and file the motion to compel.

    If the defendant responded with objections (such as the demurrer hearing is still pending), then you need to file a motion to compel further responses. You must first meet and confer before filing a motion to compel further responses. The deadline for filing a motion to compel further responses is 45 days from when the responses were served. If the responses/objections were served by mail, the deadline is extended by 5 days.

    For an explanation of the distinction discussed above, see:

    http://www.avvo.com/legal-guides/ugc/motions-to-compel-discovery-in-california?ref=kb_serp_title_2

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.


  3. You are not too late to file a motion to compel if you received NOTHING. A Motion to Compel responses does not require any meet and confer and has no deadline. On the other hand, if you received a written response the simply objected based on the pending demurrer you may be too late to compel. A consult with an attorney is a good idea. Discovery can be tricky and you may end up dismissed without ever even getting a sufficient complaint on file!

    Best of luck to you.

    Attorney Rebekah Ryan Main

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    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.


  4. In addition to the information received by other legal counsel please be informed that if in fact you do file a Motion you will need the following: 1. Notice of Motion 2. Declaration Under Penalty of Perjury 3. Points & Authorities 4. A proposed Order

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