Under C.C.P. 2030.300 (c), where it states, "Unless notice of this motion is given within 45 days of the service of the response, or any supplemental response...the propounding party waives any right to compel a further response to the interrogatories", would a phone call qualify as a "supplemental response"? I am filing a motion to compel and the last response I received (stating that I would receive the items requested in the interrogatories) was by phone which is within the 45 days, but my last written response was not. ANY information would be extremely helpful.
No, a phone call is not a supplemental response to interrogatories. You only have 45 days (plus 5 days if the responses were served by mail) to file and serve your motion to compel further responses.
If the phone call was to confirm an extension of the 45 day deadline, then you should have confirmed the extension in writing. Otherwise, you might be time barred from bringing a motion to compel further responses to this set of interrogatories. Moreover, you need to meet and confer before you can file such motion.
If you never received any responses to interrogatories, you should file a motion to compel responses under CCP section 2030.290. There is no 45 day deadline for a motion to compel responses.
For additional assistance, see my guide:
3 lawyers agree
Lawsuit / Dispute Attorney
Mr. Chen's response is complete and accurate. A "further response" would have to be an amended or supplemental response, and it would have to be in writing and verified by the party.
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