HELP WITH MOTION TO COMPEL CALIFORNIA

[chiquita55]

I sent off a BOP 13 days ago and gave them 10 days to answer. So far I have heard nothing. I want to file a motion to compel the BOP next week. I already spoke to the judge about this at my first conference. The plaintiff never bothered to file a case management form nor show up for court. I told the judge they filed this case but I was the only one participating in it and that I had sent a BOP that day to them and could I file a Motion To Compel if they didn't answer it in 10 days.

I would now like to file that motion next week (give them a few more days due to the mail etc). Can someone tell me how to do that? The judge told me I could file the motion, in fact he encouraged me to saying thats what I need to do in his court. How do I word the motion? I don't even want to bother writing these people another letter and waiting another 10 days before I file the motion. They haven't participated one bit n this case. I am told this is their modus operendii and that 3 or 4 months before the trial they will just file a summary judgment and hope to win their case without doing any other work.

So could I get an example of how to write this up and what form to use? I asked for a statement showing how they came up with the amount owed from ZERO, proof they had the right to bring the lawsuit, a copy of the signed contract showing the interest allowed etc etc. I think there were a couple of other things. I may have posted it in another message here.

[admin]

I'm going to whip out the old "Did you check your rules of civil procedure so you know how long you must wait/when you can file your motion to compel"?

[rikkivs]

about this issue then a motion to compel is appropriate. You need to find an example in the law library and peruse Jewel's threads in the archives. She filed motions to compel and motions in limine due to Plaintiff's dropping the ball on the BoP request and subsequently pulling similar antics.

Judges act funny around CCP 454 though. Rarely, if ever, do they actually honor the ten day deadline imposed by the statute and even 120 days after you've been served and the first case management conference, they routinely give the plaintiffs MORE TIME to answer a BoP request. They treat it like normal discovery. You can use this to your advantage by sending out well crafted discovery requests; particularly the requests for admissions, because they are the one of the only discovery devices with a hard deadline that courts tend to honor. I would send them out some requests for admissions as soon as possible if I were you. In that sense you are being proactive and it can only strengthen a motion to compel if you think about it...Best wishes.

[Guest usctrojanalum]

I sent off a BOP 13 days ago and gave them 10 days to answer. So far I have heard nothing. I want to file a motion to compel the BOP next week.

If you did this where I'm from, you'd be laughed out of the Court room. How many good faith letters have you sent to the other side reminding them that you have outstanding BOP?

Where I live a party would attempt this motion until at least 3 letters were sent over a 60 day period and a few phone calls were made to the other side to try and work out the discovery issues. And even when a judge does grant the motion to compel, they will give that party like another 45 days to answer it.

The wheels of justice churn slowly.

[chiquita55]

Thank you for all your responses on this but it is a moot point now because they did answer it inadequately I believe. Please see my new thread. thank you all!