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Anabella Quevedo Bonfa

Anabella Bonfa’s Answers

10 total

  • Must a POS ALSO be provided upon receipt of documents by way of a RPD?

    Anabella’s Answer

    In California state court, the documents are due at the time the response is made. It is not proper to provide a response to a production stating "documents will be produced in the future". If you produce documents at a later date (which should be avoided - getting an extension if the proper method) you should serve a supplemental responses to the demand for production. Both the original response and the amended responses should contain proofs of service.

    In Federal court you may respond to a demand for production indicating a date certain which is reasonable when documents will be be produced. However, any supplement should also be served with a proof of service.

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  • How do I get more time to answer discovery? The due date was set by the judge during the Motion to Compel hearing.

    Anabella’s Answer

    If a motion to compel discovery responses has already been heard and a ruling has been issued by the judge, that is a valid court order. If you don't obey the order, the judge can punish you further by fining you, striking your answer and any variety of things. You can file an ex parte application if you have some overwhelming circumstances, but I wouldn't count on relief. Even if you get an agreement from the other attorney, this doesn't mean the court's order is obsolete. If you get an agreement from the other attorney, get it in a written stipulation and submit the stipulation along with a proposed order to the court. Even then, if the court doesn't approve it, you are going to be in serious trouble.

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  • Can a non-party who has been subpoenaed to attend a deposition have the litigant's counsel oppose the subpoena on their behalf?

    Anabella’s Answer

    I agree with the prior answer mostly. However, you have to have some legal grounds to challenge the subpoena besides being a relative of the litigant. Was it served improperly? Is the subpoena itself defective? Or maybe you are just trying to continue the hearing. If the litigant's counsel wishes to represent you, he/she probably can, but I suggest you contact them and figure out if you have any grounds to challenge the subpoena in the first place.

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  • What is the authorities section on the brief?

    Anabella’s Answer

    You are going to have a hard time writing a Memorandum of Points and Authorities without an attorney. Generally, the memorandum starts with a summary of your argument, that proceeds with citation of cases, statutes and all legal authority you are relying upon. Then you need to cite the facts which apply to your case and analyze how the facts relate to the legal authorities. Even if you find the legal authorities, it will probably be difficult to figure out how to do the analysis. I recommend that you hire a lawyer.

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  • Should I inform the judge that I no longer have a lawyer before my next hearing

    Anabella’s Answer

    The court will be aware you are dismissing our attorney either 1) when your attorney or you file a Substitution of attorney (advising the court you are in pro per (representing yourself) or 2) when your attorney files a motion to withdraw from the case. If either of these options has already occurred, the court is already on notice. I agree with the previous attorney that ex parte communications with the court are not proper. Just because you cannot afford to keep your attorney, however, he/she will still be your attorney until you become your own attorney or he/she withdraws.

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  • Are "all" discovery demands documented as part of the Court Records?

    Anabella’s Answer

    I agree with the two prior counsel. Discovery is not part of the court record unless it is relevant and filed as an exhibit in relation to a motion or other court document. However, at the CMC the court will usually ask the status of discovery because the judge wants to know 1) when you will be ready for trial 2) whether there will be discovery disputes 3) if mediation/arbitration is appropriate and 4) whether you have been diligently pursuing discovery as you are supposed to be. In this way, discovery can be relevant to your CMC.

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  • Can a pro per demand a deposition date for his witnesses to be set at a date that he can be present?

    Anabella’s Answer

    I agree with Robert. If you are a party, you have a right to be at the deposition. That does not necessarily mean that the other side has to change the date of the deposition if he has the witness subpoenaed on a particular date, though. As the first attorney suggested, send a letter to the other attorney advising him of your unavailability and the witnesses conflicts with the date and suggest some dates. Ultimately, if the witness is not available, they won't appear for the deposition, either. However, the witness has an obligation to appear if they are under subpoena unless they obtain permission from the attorney to change the date. All agreements should be in writing. Filing a motion for a protective order may be difficult without counsel. Try to work it out informally if possible and make sure you have written agreements.

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  • My process server can't serve the defendant because he won't answer the door of his home on 4 occasions. What can I do to serve

    Anabella’s Answer

    In cases where the process service is competent, and the defendant is hiding, you can either 1) attempt substituted service (serving a member of the household who is competent to accept service) or 2) hire a private investigator to effect service or 3) serve them at work. Sometimes people hide out evading service. Sooner or later they will leave their house, however.

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  • Process Server Lied?

    Anabella’s Answer

    You can file a Motion to Quash Service. This will likely have to be prepared by an attorney. As other attorneys have pointed out, before the motion is heard, you probably will be reserved with the complaint, making your motion likely moot (not relevant anymore). Remember, you have a limited time to answer or respond to the lawsuit, and the motion must be filed within the time you have to answer or respond to the complaint. Your best course of action may be to take the complaint to a lawyer and see what other options you have. Maybe the complaint has other issues and may need to be attacked through a demurrer or motion to strike. Don't waive your deadlines by not understanding all your options.

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  • Serving responses on interrogatories.

    Anabella’s Answer

    Your friend should have served the interrogatory responses by mail on the opposing attorney or party along with a verification (in which you swear your answers are accurate) and proof of service. I'm not sure what you mean by "responses with corresponding docs" but hopefully you are not sending documents in response to the interrogatories. Unless there are appropriate circumstances, you can not answer interrogatories by simply attaching documents. There are exceptions if responding to the interrogatory will be burdensome and the burden is the same on yourself as the requesting party, but you must cite the proper language in the Code of Civil Procedure if you wish to invoke your right to produce documents in lieu of answering the interrogatory.

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