After I served the summons and complaint by substitution of service. I served defendants with request for interrogatories, request for admissions and form interrogatories. The defendants response was they did not have to answer because I did not service defendants according to CCP 415.10. My question is how would I use the request for admissions as a request for admissions. In addition, the defendants have already transferred the case from Torrance Court to Stanley Mosk Courthouse. So, would that transfer be considered an appearance.
I look forward to your reply.
The question is whether the defendants have sought to dismiss the lawsuit on these grounds
How long did you wait from the time of service to the date you served written discovery? The Code of Civil Procedure requires you to wait 10 days after service of the summons or appearance by that defendant, whichever occurs earlier.
Unless you waited the 10 days, the discovery would be invalid and you would not be able to successfully win a motion to compel responses or motion to compel further responses.
A Motion to Transfer does not constitute a general appearance.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
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