In Los Angeles - I filed an RFO that dealt with the other parties failure to turn in Preliminary Disclosures, respond to Form Interrogatories, verify production of documents and special interrogatories... etc. The motion was filed and served properly. The court date is now under the 9 court days before the hearing. I have received no responsive declaration FL-320. I know the other party has received the original FL-300. My suspect they will just file the responsive just before the date and give it the morning of court. If such, I would not have the opportunity to reply in the 5 days. I actually don't already with the holiday court closure. Can I request that the responsive declaration be stricken? Especially on a motion dealing with failures of timely producing docs?
You can ask that the court not consider the late declaration but it is up to the court. You don't need to file anything beforehand but make sure to bring up this issue at the beginning of the hearing. If the court allows it, you can verbally replied as needed. Best of luck!
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I agree with attorney Negron. Be prepared to argue against a continuance as well as to argue the prejudice in allowing the late filing.
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