The responses to my interrogatories, admissions and production of documents also need that I should file a motion to compel. All the documents that the defense attorney has also sent without verifications from the corporation. Can I file my motion along with opposition to his motion (of course separately) so that he has 9 court days or I shall have to get another date for my motion from the California Riverside court? I have still time left to file my motion even after 9 court days. Please advise as to the best way to handle this situation.
Please let me know how should I handle this
You must file a separate motion and give the required 16 court days notice, minimum. You must call the court clerk to obtain a court hearing date. Unless you have a stipulation extending time, your motion must be served and filed within 45 days of defendant's responses. You must also satisfy the meet and confer requirements prior to filing your motion. Lack of verification could be an oversight or not required if the responses contained only objections. You should determine that your motion is well founded before you file.
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Yes, you can file your own separate motion to compel responses to your discovery, but your motion requires 16 court days notice. You need to obtain another date. 9 court days is insufficient, so your motion cannot be heard at the same time as the motion against you.
The fact that the opposing side has not responded to your discovery (or has failed to provide a verification to the responses) is not an excuse for you not responding to discovery. Thus, you should not argue the fact that the other side has failed to comply with discovery in opposing the motion against you.
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.
You may be over your head on this and should consult an experienced attorney. It seems like there is a corporation involved. Corporations must be represented by an attorney. Your question needs more facts to give you a useful answer. I have a free 30 minute telephone consultation if you want to call me.