After basically being strung along and tricked with promises of receiving an amended response to boiler plate objections to Admissions after I met and conferred I missed the 45 day time line to file a Motion to Compel Further. I did not realize at the time a stipulation is required to extend the time frame to file the Motion. Of course now the opposing counsel in bad faith are gloating on the fact that I have waived my rights to the discovery. Seems far fetched I have no rights to discovery that is directly related to the claims made against me. Can I serve an RFA SET 2 with the same Requests again?
I would recommend taking the party's deposition. You will likely spend a lot of time, eneregy and money on further discovery requests, responses and motions to compel. Opposing counsel will likely argue that the previous objections to the same discovery are valid and that any motion to compel is untimely. The risk is that the Court may agree.
RFA Set #2 with the same questions as RFA Set #1 would be duplicative and not permitted under the Discovery Act. If you served a Form Interrogatory 17.1 with the RFA Set #1, then serve a supplemental interrogatory under CCP 2030.070. Otherwise, take Mr. Madala's advice above and just ask the questions at the deposition.
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