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Hello, I am currently sued by OC in CA and the trial date is in June 2017. A couple days ago, Plaintiff sent me demand for expert trail witness information (2034.210) and demand for production of expert reports and writings (2034.210c) The weird thing is the Plaintiff demands that they want to meet up in their office in two weeks at a specific time in person to exchange information concerning trial expert witnesses. Here are my questions: 1. Do I have to respond to these demands? I don't have a designated expert witness for trial so I have no information to give to them. 2. Per 2034.260, "The exchange of information may occur at a meeting of the attorneys for the parties involved or by a mailing on or before the date of exchange." Does that mean I don't have to go to their office at that specific time and instead, just mail my response? I don't have time to drive up there in the middle of the day to their office and I honestly don't see the point of meeting in person when we can just exchange the information in writing. 3. Do these demands count as CCP 96 since we have to disclose our expert witnesses or should I still send out CCP 96 later? 4. If I end up mailing my response, will they mail me their information as well or they will just claim that they didn't have to mail me since I didn't show up to their office as they demanded. Any help or tips would be appreciated it. I have been scrolling through the topics in this forum but I feel like this is a rare move made by the Plaintiff so I am not sure what to do with these demands. Thank you,
Hello everyone let me start by giving much thanks to all the contributing members on the Forums here. I have been a reader for a very long time about 10 years now, never been a poster but was able to use info found on here to help a lot friends get through their cases, some have won some have lost. Now that I am need of some assistance I really hope that some of you are able to help me. I just have a few basic questions. I found ASTmedics thread and really found that his strategy is the most easiest to follow so would like to employ the same. I started out initially preparing my Answer, BOP, and General Denial while I could find a lot of information on the Answer and have been able to locate standard format and wording for a BOP I am unable to find any thing for the General Denial that can be filed in CA in reply to a Civil Case. After further reading found that a BOP is not applicable to an "Account Stated" action which mine is. So guess I will be tossing the BOP I had prep'd for filling. This leaves me with the "Answer" of which I'm pretty competent is adequate although after reading the threads from Coltfan, ASTmedic, CaLawyer, Seadragon and others about the flaws of the various arguements they have seen presented and the outcomes I will be going back to the drawing board and changing my existing Answer especially with respect to "Lack of Privity" etc...because it was one of my many Affirmative Defenses. With that being said I like that a simple General Denial to get the ball rollin gives the moving party little info to use against you later on down the line. Which brings me to my post/request for help. 1. Is filling the General Denial alone enough? Or is including the Answer with the filling a good strategy to employ? Or later on? 2. Is the General Denial treated the same as an Answer by the courts, whereby it prevents moving party from filling for Default? 3. Can anyone point me in the direction or provide me with some sample Templates or Redacted fillings of a General Denial that can give me some guidance. Especially if I want to lay the ground work on having the suit eventually tossed on Hearsay etc... 4. Once either the Answer or General Denial or both are filed what is the standard time frame for me to send them a RPD? 30 days later, 30 days prior to trial? After I get their ROG's etc...? I want to be ahead of the game and beat them when it comes to this. Anyway any info that can be gleaned from anyone out there will help me tremendously because I intend to file my docs on Monday.