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!
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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Employment / Labor Attorney
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.