My Response to FORM Interrogatories

[whattodocacourt]

Here's a link with my answers so far. I highlighted in yellow some questions.

Please advise.

link removed - posted revisions in post below.

Tomorrow (which is today now), I'll be working on my Response to Production of Documents and Request for Admissions. SO MUCH FUN! Up til 3am yikes.

Somewhat finished with Admissions - Any advice appreciated.

link removed - posted revisions in post below.

Now for the POD

Edited March 6, 2012 by whattodocacourt
Modified Link

[BV80]

I'm not from CA, but here are my suggestions:

3. Is this a business account? If not, I'd add to your response "Not applicable".

4. They're asking who has knowledge of your account, who knows if you applied for it, or if you have an attorney. If no one else has any knowledge of the account, just state "None."

5.2. What were your defenses? Did you just list them, or did you explain them in your answer?

6.1 - 6.6. Those are not a request for documents. They requested you to identify, describe, and state the documents. They're not requesting any physical documents. BUT, did they define the word "agreement"? Did they supply a copy of the agreement? The same with "modification"?

In reference to the rest of the Interrogatories, did the Plaintiff define "agreement"? Did you include something about an agreement in your affirmative defenses?

[whattodocacourt]

I'm not from CA, but here are my suggestions:

3. Is this a business account? If not, I'd add to your response "Not applicable".

4. They're asking who has knowledge of your account, who knows if you applied for it, or if you have an attorney. If no one else has any knowledge of the account, just state "None."

5.2. What were your defenses? Did you just list them, or did you explain them in your answer?

6.1 - 6.6. Those are not a request for documents. They requested you to identify, describe, and state the documents. They're not requesting any physical documents. BUT, did they define the word "agreement"? Did they supply a copy of the agreement? The same with "modification"?

In reference to the rest of the Interrogatories, did the Plaintiff define "agreement"? Did you include something about an agreement in your affirmative defenses?

Hi BV80,

This was my actually Answer to Complaint:

https://docs.google.com/document/d/1j7y7rjz1L18gE8lbjKIa3a8o9NXBGNHfbqAY-k1Tffw/edit

[whattodocacourt]

Here's a link with my answers so far. I highlighted in yellow some questions.

Please advise.

https://docs.google.com/document/d/1jiQ343IKsbi2aT-LobNX18A0bPav4xl8dK4SshhUaA4/edit

Tomorrow (which is today now), I'll be working on my Response to Production of Documents and Request for Admissions. SO MUCH FUN! Up til 3am yikes.

Somewhat finished with Admissions - Any advice appreciated.

https://docs.google.com/document/d/1eY_dU0lJvzXSAiAHl7nzAJyZ9nSWKmuRfKhfSPrkaA4/edit

Now for the POD

Figured more room on the 32 line, does it matter?

[Seadragon]

proof. Also these are not the form interoggatories for limited civil economic litigation. I would answer the first one with objection this form interrogatory is not proper for economic litigation in limited civil actions as stated in the instructions of the form in Sec. 2(a) and is thus improper.

and then continue with the other objection.

Dial back the snarkiness and think more Mr. Spock. With snarkiness the court might sanction you for your answers where the calm response may get you an answer the discovery withoutobjection ruling.

Here's a link with my answers so far. I highlighted in yellow some questions.

Please advise.

https://docs.google.com/document/d/1jiQ343IKsbi2aT-LobNX18A0bPav4xl8dK4SshhUaA4/edit

Tomorrow (which is today now), I'll be working on my Response to Production of Documents and Request for Admissions. SO MUCH FUN! Up til 3am yikes.

Somewhat finished with Admissions - Any advice appreciated.

https://docs.google.com/document/d/1eY_dU0lJvzXSAiAHl7nzAJyZ9nSWKmuRfKhfSPrkaA4/edit

Now for the POD

[whattodocacourt]

proof. Also these are not the form interoggatories for limited civil economic litigation. I would answer the first one with objection this form interrogatory is not proper for economic litigation in limited civil actions as stated in the instructions of the form in Sec. 2(a) and is thus improper.

and then continue with the other objection.

Dial back the snarkiness and think more Mr. Spock. With snarkiness the court might sanction you for your answers where the calm response may get you an answer the discovery withoutobjection ruling.

Hi Seadragon! Thanks for dropping in I'm actually amending right now. So, what you're saying, is they used the wrong Interrogatories?

You started with Proof. Meaning Proofread my responses correct? backup on the wording of the objections, correct? I'm almost finished revising. I will be posting my revised answers soon.

[whattodocacourt]

Hi Seadragon:

Can you please explain to me this quote:

For the record the judicial counsel feels the form interrogatories to be objection .

Thanks, I'm confused.

[whattodocacourt]

Here's my modified Responses to Admission. I'm still stumped on my answers to Interrogatories, since they did somewhat answer my BOP.

https://docs.google.com/document/d/1SDeN9WZPlnsCmp8pO2sbchZC6q9Xv5fnpEHaNi8F5pY/edit (googledocs always seem to jumble my forms? but at least the info is there.

[Seadragon]

Hi Seadragon:

Can you please explain to me this quote:

For the record the judicial counsel feels the form interrogatories to be objection .

Thanks, I'm confused.

The form interrogatories were made by the Judicial Counsel expressly to be objection proof. and yes they sent the wrong ones. you have a better chance to raise the general objection:

You should meet and confer with them and say that you are objecting to the form interrogatories and refuse to answer them because they are improper.

I hope that helps.

[whattodocacourt]

The form interrogatories were made by the Judicial Counsel expressly to be objection proof. and yes they sent the wrong ones. you have a better chance to raise the general objection:

You should meet and confer with them and say that you are objecting to the form interrogatories and refuse to answer them because they are improper.

I hope that helps.

Thanks Seadragon.

But on the Instructions to the Asking Party, Sec.2.(a) it says These interrogatories are "designed for optional use by parties under economic litigation in Limited civil cases". So isn't it their option to use this Form? The only other thing, which may be what you're talking about is sec.2.(d) Use care in choosing those interrogatories that apply to the case and are within the restrictions discussed above.

The only restriction that I read above this section was limiting interrogatories to 35. No? Please correct if I'm wrong. I don't want to object to the entire Form Interrogatories, unless I can refer to a specific section or code saying that it's improper.

Thanks again.

Scarlett OHara

[calawyer]

I'm still stumped on my answers to Interrogatories, since they did somewhat answer my BOP.

I pm'd you with some suggestions.

Good luck.

[Seadragon]

Thanks Seadragon.

But on the Instructions to the Asking Party, Sec.2.(a) it says These interrogatories are "designed for optional use by parties under economic litigation in Limited civil cases". So isn't it their option to use this Form? The only other thing, which may be what you're talking about is sec.2.(d) Use care in choosing those interrogatories that apply to the case and are within the restrictions discussed above.

The only restriction that I read above this section was limiting interrogatories to 35. No? Please correct if I'm wrong. I don't want to object to the entire Form Interrogatories, unless I can refer to a specific section or code saying that it's improper.

Thanks again.

Scarlett OHara

It says unlimited civil cases the form they should use is disc-004 but don't tell them that. Tell them that you object it is a good reason not to answer them. They are gathering information so they can dismiss and sell the account for a higher price as they have more information.

They intentionally used this form to gather drivers license information and such as to make a profit on the account.

Just saying that this is the incorrect form and they are trying to get more than the 35 requests because of the subparts.

[whattodocacourt]

Okay, here I go! I've completed all the Responses, please advice before I put it in the mail! Thank you everyone that has helped me put it together!

Response to Admissions - https://docs.google.com/document/d/1sthU-DpRS0V4BjKczMNiorAwTYNCqyTKJV_fu0CpES8/edit

Response to Request for POD - https://docs.google.com/document/d/10K0CSl6vliBLK7SzWy-UrnfYHGCsJbtL_Hk6pWWjiWw/edit

Answers to Form Interrogatories - https://docs.google.com/document/d/1fLhi6Md7BrzQ7paBw5GK6hRqB9xQ98AwiHFNOWzTRqw/edit

[legaleagle]

Looks good to me. Just check your rules to see if objections have to be filed with the court with a cover sheet. They do here.

[whattodocacourt]

Looks good to me. Just check your rules to see if objections have to be filed with the court with a cover sheet. They do here.

I just took 45 min looking through ca civil code procedures and either I'm a slow reader, but I still haven't found where to find that info! lol

[legaleagle]

CODE OF CIVIL PROCEDURE

SECTION 2030.210-2030.310

I don't see it here either, just checking. Maybe Calawyer will help further, your rules are very hard to decipher.

[whattodocacourt]

Thanks Legaleagle!

[calawyer]

CODE OF CIVIL PROCEDURE

SECTION 2030.210-2030.310

I don't see it here either, just checking. Maybe Calawyer will help further, your rules are very hard to decipher.

Do not file with the court. Have someone put them in the mail and fill out a proof of service. Under the code, you are supposed to serve the original and keep a copy. See, e.g., 2031.290 (for inspection demands).

(a) The demand for inspection, copying, testing, or

sampling, and the response to it, shall not be filed with the court.

( The party demanding an inspection, copying, testing, or

sampling shall retain both the original of the demand, with the

original proof of service affixed to it, and the original of the

sworn response until six months after final disposition of the

action. At that time, both originals may be destroyed, unless the

court, on motion of any party and for good cause shown, orders that

the originals be preserved for a longer period.

[whattodocacourt]

Do not file with the court. Have someone put them in the mail and fill out a proof of service. Under the code, you are supposed to serve the original and keep a copy. See, e.g., 2031.290 (for inspection demands).

(a) The demand for inspection, copying, testing, or

sampling, and the response to it, shall not be filed with the court.

( The party demanding an inspection, copying, testing, or

sampling shall retain both the original of the demand, with the

original proof of service affixed to it, and the original of the

sworn response until six months after final disposition of the

action. At that time, both originals may be destroyed, unless the

court, on motion of any party and for good cause shown, orders that

the originals be preserved for a longer period.

Thanks CaLawyer! Did you happen to see the links above? I revised my answers on all 3 and I'm pretty sure I'm ready to mail tomorrow. Thursday is my deadline. Then, I think I should ask Plaintiff for more discoveries and object to their response to my BOP. Or do I just file a motion of the ground they haven't produced any agreement ? I know, I better go read more threads! lol

[1stStep]

Send the plaintiff a meet and confer letter re: your BOP...give them say 5 days more to produce anything - then hit them with a motion in limine...

[whattodocacourt]

Send the plaintiff a meet and confer letter re: your BOP...give them say 5 days more to produce anything - then hit them with a motion in limine...

Thanks 1stStep, I'll start working on that!