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I served a discovery request on the other party about 60 days back and their responses were mostly objections to requests , incorrect, and evasive. I wanted to file a motion to compel further responses and a few days before 45 days were up I sent a meet and confer email to other party but they said they are firm on their objections.
I filed a motion on 49th days ( 45 days + 5 days), so I'm assuming I was within the time limit. Now the problem is the copy of motion alongwith notice of motion was served to other party a few days later, friend couldn't mail it right away.
I was wondering if a judge would deny it since the motion was "served" after 45 days. Are the any case laws which can offer some breathing room on this or this 45 days + 5 days issue?
Thanks for your helpRobert, Thanks for your reply. I went to the court house and filed the motion and then I gave the filed copy of the motion which included the notice of motion to my friend. Unfortunately she didn't mail it till a few days later, which is beyond 50 days filing the motion The motion to compel further responses has to be served within 45 days of service of the response. (C.C.P. § 2030.300). Does that mean I didn't serve her within 45 days (+ 5 days since I received response in the mail). Thanks again!