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My Meet and Confer with Defendant (financial institution: foreclosure fraud case) is next week; how do I proceed with discovery?

San Francisco, CA |

Defendant is being sued for fraud, negligence, and misrepresentation during loan modification process. My home was foreclosed after several modification attempts; I made all payments, and discovered by accident that bank purposely *never considered me for a mod*, even though they put me through several mods!

My question: I want to make 1) eDiscovery Requests for Production of all voice recordings; 2) names of customer service personnel; 3) customer service screen shots; 4) all relevant documents and emails; 4) possible depositions; 5) Interrogatories; and, 6) Requests for Admission that are relevant to my allegations.

How much detail do I need to provide during the Meet and Confer? How much detail is necessary in follow up CMC form? Are motions necessary if Defendant agrees to discover

Attorney Answers 2


For starters, this is advanced litigation so you should really have a lawyer helping.

As far as the discovery requests, you can submit fairly basic requests to the defendant requesting all of these items. I'm not sure what you mean by meet & confer meeting. The court would set a case management conference and you're supposed to have a brief conversation with the other side prior to filing your CMC statement but you do not need to provide much detail. Just state to them that you intend on propounding discovery and that you would like dates of availability to depose the person most knowledgeable from the defendant (PMK) as to these issues. Once you get those dates, send a deposition subpoena.

If the defendant does not respond to you discovery requests, you can set a motion to compel their responses and seek sanctions. Again though, this is complex litigation steps so you should seek counsel to assist.

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Thanks for your response. California Rule of Civil Procedure 3.724 ( does lay out a far more comprehensive set of requirements for Meet and Confer, but from your answer I'm assuming that most of those requirements are not met during Meet and Confer? Also, am I to understand that I can send Discovery requests *prior* to the CMC meeting? In my case, I don't know the exact names of the Defendant's, because they never gave me their full names during the years that I was working with them on loan modifications. In my case, Discovery is going to involve getting the Financial Institutio to reveal those names, so that I can gain access to voice recordings of our conversations, and internal files that are relevant to my case. I am beginning to prepare interrogatories and RFAs, and have the bulk of my eDiscovery requests set for delivery to the Defendant's attorney. From your response, it appears that I should wait until after the CMC to send those off to my Defendant, correct? Thanks, in advance.

Joshua Andrew Smisko

Joshua Andrew Smisko


You can send out discovery at any time, 30 days after you served them the complaint, so yes you can do it now. A CMC hearing is basically two items, the judge asks if everyone has been served and responded to the complaint and then looks to set a trial date if the lawsuit is at issue (Demurrer hearings completed, if nec.) For most of your discovery requests (outside of deposition) you don't need any specific names and you can even request those names as part of your requests. Just direct them to the Defendant. Their counsel will provide answers and documents. You only need a name for a deposition and even then you can just do the PMK route. You don't need to wait for the CMC though. The earlier you start, the more pressure you apply to them, faster.


Your question mixes two different processes. The discovery process, and the Case Management Conference process.

As to the CMC process, you are to meet and confer with opposing counsel before submitting a CMC statement.

California Rule of Court 3.724 lays out all of the issues you are supposed to discuss in this meet and confer. Find it here:

After your meet and confer you fill out the judicial form CM-110, Case Management Statement. This is one:

Do not forget that you will waive your right to a jury trial if you fail to deposit jury fees before the CMC.

As to the discovery you want, you have several methods of discovery available to you. It would take way too long to give you a primer on them. I suggest you get to a public law library and look at the Rutter Group's Civil Procedure Before Trial book. It provides a great outline of how to engage the various devices with good practice tips.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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