In UD - i had served by mail PRODUCTION OF DOCUMENTS to plaintiff with meeting place and time scheduled for tomorrow.

Asked about 2 years ago - Rancho Santa Margarita, CA

if they dont show up, or respond .. what grounds do i have? can i then file something so the court is aware of the no show or lack of response (to production of documents request)? Thank you!

Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

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    Answered . You can file a motion to compel production of documents pursuant to California Code of Civil Procedure Section 2031.300, which provides:

    "If a party to whom a demand for inspection, copying,
    testing, or sampling is directed fails to serve a timely response to
    it, the following rules shall apply:
    (a) The party to whom the demand for inspection, copying, testing,
    or sampling is directed waives any objection to the demand,
    including one based on privilege or on the protection for work
    product under Chapter 4 (commencing with Section 2018.010). The
    court, on motion, may relieve that party from this waiver on its
    determination that both of the following conditions are satisfied:
    (1) The party has subsequently served a response that is in
    substantial compliance with Sections 2031.210, 2031.220, 2031.230,
    2031.240, and 2031.280.
    (2) The party's failure to serve a timely response was the result
    of mistake, inadvertence, or excusable neglect.
    (b) The party making the demand may move for an order compelling
    response to the demand.
    (c) Except as provided in subdivision (d), the court shall impose
    a monetary sanction under Chapter 7 (commencing with Section
    2023.010) against any party, person, or attorney who unsuccessfully
    makes or opposes a motion to compel a response to a demand for
    inspection, copying, testing, or sampling, unless it finds that the
    one subject to the sanction acted with substantial justification or
    that other circumstances make the imposition of the sanction unjust.
    If a party then fails to obey the order compelling a response, the
    court may make those orders that are just, including the imposition
    of an issue sanction, an evidence sanction, or a terminating sanction
    under Chapter 7 (commencing with Section 2023.010). In lieu of or in
    addition to this sanction, the court may impose a monetary sanction
    under Chapter 7 (commencing with Section 2023.010)."

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. A Melissa Johnson

    Contributor Level 15

    1

    Lawyer agrees

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    Answered . The other side may serve responses and responsive documents by mail; they are not required to show up with documents. Because you served your request by mail, the other side has 35 days within which to provide responses/objections. If you do not receive responses and responsive documents, you may file a motion to compel responses and production of documents. If you receive responses which you believe are inadequate, you must make a good faith effort to meet and confer before you bring a moton to compel further responses.

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