Meet and Confer?

[thunderCA]

Ok I put off discovery and sent it late. I received this letter below and have sent my answers to discovery. They will receive them Monday or today.

Am I too late? They haven't filed anything further with the court as of today. Not sure if I screwed up.

Thanks.

Dear Defendant,

Please accept this letter as an attempt to resolve the issues related to your failure to serve responses and responsive documents to our client's Requests for Admission, Special Interrogatories, and Request for Production of Documents which were served on you on January 27, 2012.

The responses and responsive documents to said discovery requests were due on or prior to March 1, 2012 taking into account the extension of time granted to you to provide same. To date, we have yet to receive responses or responsive documents to said discovery requests. Therefore, your objections to said discovery requests have been waived as provided for under the pertinent provisions of the California Code of Civil Procedure 2033.210, for Request for Admissions California Code of Civil Procedure 2030.210 for Special Interrogatories, and California Code of Civil Procedure 2031.010 for Request for Production of Documents.

Demand is hereby made that answers and responsive documents, without objections, pursuant to our client's discovery requests be received in our firm no later than March 20, 2012. If we do not receive same by said date, we will be left with no alternative than to file motions to compel, in effort to protect the interest of our client.

If you would like to discuss this matter or perhaps propose an offer of settlement, please feel free to contact the undersigned.

Thank you for your· anticipated courtesy and cooperation in this matter.

[tigger]

Hi thunder,

Unfortunately, I can not comment as to whether or not you are "too late." Given the letter you shared, it doesn't sound like you are. Someone knowledgeable will come along who can better advise you on that.

The meet and confer letter is a polite attempt at communication from the other side. Based on what you shared, it sounds like they gave you an extension for answering your discovery...is this correct?

At the very least, you may want to call them to let them know that you've responded and when (if you haven't already);how soon they can expect to receive your responses, etc.

Though I did not have to answer discovery, I know that it comes w/strict deadlines--which can count against you if you do not answer in time (and/or ask for more time to answer). Admissions can be "deemed admitted" if no response from you is obtained by the time due--something you DO NOT WANT to happen. So, try to stay on top of all your deadlines...

The other side will attempt to take advantage of your status as a pro-se, if you let them. Try not to give them the leeway to do so.

Edited March 17, 2012 by tigger

[thunderCA]

I would assume they are saying I have until the 20th to answer. They say without objections though?

Below is the code they are referring to and nothing about time limit.

California Code of Civil Procedure 2033.210

(a) The party to whom requests for admission have been

directed shall respond in writing under oath separately to each

request.

( Each response shall answer the substance of the requested

admission, or set forth an objection to the particular request.

© In the first paragraph of the response immediately below the

title of the case, there shall appear the identity of the responding

party, the set number, and the identity of the requesting party.

(d) Each answer or objection in the response shall bear the same

identifying number or letter and be in the same sequence as the

corresponding request, but the text of the particular request need

not be repeated.

California Code of Civil Procedure 2030.210

(a) The party to whom interrogatories have been

propounded shall respond in writing under oath separately to each

interrogatory by any of the following:

(1) An answer containing the information sought to be discovered.

(2) An exercise of the party's option to produce writings.

(3) An objection to the particular interrogatory.

( In the first paragraph of the response immediately below the

title of the case, there shall appear the identity of the responding

party, the set number, and the identity of the propounding party.

© Each answer, exercise of option, or objection in the response

shall bear the same identifying number or letter and be in the same

sequence as the corresponding interrogatory, but the text of that

interrogatory need not be repeated.

California Code of Civil Procedure 2031.010

(a) Any party may obtain discovery within the scope

delimited by Chapters 2 (commencing with Section 2017.010) and 3

(commencing with Section 2017.710), and subject to the restrictions

set forth in Chapter 5 (commencing with Section 2019.010), by

inspecting, copying, testing, or sampling documents, tangible things,

land or other property, and electronically stored information in the

possession, custody, or control of any other party to the action.

( A party may demand that any other party produce and permit the

party making the demand, or someone acting on that party's behalf,

to inspect and to copy a document that is in the possession, custody,

or control of the party on whom the demand is made.

© A party may demand that any other party produce and permit the

party making the demand, or someone acting on that party's behalf,

to inspect and to photograph, test, or sample any tangible things

that are in the possession, custody, or control of the party on whom

the demand is made.

(d) A party may demand that any other party allow the party making

the demand, or someone acting on that party's behalf, to enter on

any land or other property that is in the possession, custody, or

control of the party on whom the demand is made, and to inspect and

to measure, survey, photograph, test, or sample the land or other

property, or any designated object or operation on it.

(e) A party may demand that any other party produce and permit the

party making the demand, or someone acting on that party's behalf,

to inspect, copy, test, or sample electronically stored information

in the possession, custody, or control of the party on whom demand is

made.

[calawyer]

What matters is when they were served and how they were served. Here is the correct code section:

2031.260. (a) Within 30 days after service of a demand for

inspection, copying, testing, or sampling, the party to whom the

demand is directed shall serve the original of the response to it on

the party making the demand, and a copy of the response on all other

parties who have appeared in the action,

If served by mail, from an address in california, you add 5 days. In counting, you exclude the day of service.

By my quick calculation, that means the earliest the responses could have been due is March 2 and that is with no extension.

[thunderCA]

Was sent regular mail.

Wife has been having medical problems and just dropped the ball and wasn't paying attention to dates. I guess I'm screwed.

So what are they going to do next you think?

[tigger]

http://www.creditinfocenter.com/forums/there-lawyer-house/309078-motions-compel-bop-vs-written-discovery-cal.html

See post #1 in above link, by calawyer regarding types of discovery, deadlines, etc.

Below is a quote from the NOLO guide: Win Your Lawsuit: Sue in California Superior Court without a Lawyerby Judge Roderic Duncan

(Chapter 10: Discovery, page 197)

Requests for Admissions can be used to avoid having to prove certain facts that are not really in dispute.....But they also are frequently used by lawyers attempting to prepare to file a Motion for Summary Judgment, which is an attempt to end a lawsuit before a trial by showing that the facts are inot in dispute and the legal issues are clearly in favor of the party making the motion (summary judgement motions are explained in detail in Chapter 11).

So be very careful in answering the the requests and be sure to answer on time.

If you fail to deny requests for admissions on time, the court will consider them admitted, a potentially disastrous result for your case.

[calawyer]

Was sent regular mail.

Wife has been having medical problems and just dropped the ball and wasn't paying attention to dates. I guess I'm screwed.

So what are they going to do next you think?

I think they are going to look at your responses. If you object to everything and don't give them any information, they will send you a meet and confer letter asking you to supplement your responses. If they do so, they will tell you that your objections are waived. You can decide at that time whether to give further responses or not.

The Court can grant you relief from the failure to serve timely reponses. If it comes down to a motion to compel, you might consider a cross-motion seeking relief if the discovery is truly objectionable.

[thunderCA]

I truly don't have any more information than what they furnished. There is nothing for them to get.

I'll just have to wait and see and go from there.

Just want to thank all of you (even if I screwed up) for all your help.

[Seadragon]

Ok I put off discovery and sent it late. I received this letter below and have sent my answers to discovery. They will receive them Monday or today.

Am I too late? They haven't filed anything further with the court as of today. Not sure if I screwed up.

Thanks.

Dear Defendant,

Please accept this letter as an attempt to resolve the issues related to your failure to serve responses and responsive documents to our client's Requests for Admission, Special Interrogatories, and Request for Production of Documents which were served on you on January 27, 2012.

The responses and responsive documents to said discovery requests were due on or prior to March 1, 2012 taking into account the extension of time granted to you to provide same. To date, we have yet to receive responses or responsive documents to said discovery requests. Therefore, your objections to said discovery requests have been waived as provided for under the pertinent provisions of the California Code of Civil Procedure 2033.210, for Request for Admissions California Code of Civil Procedure 2030.210 for Special Interrogatories, and California Code of Civil Procedure 2031.010 for Request for Production of Documents.

Demand is hereby made that answers and responsive documents, without objections, pursuant to our client's discovery requests be received in our firm no later than March 20, 2012. If we do not receive same by said date, we will be left with no alternative than to file motions to compel, in effort to protect the interest of our client.

If you would like to discuss this matter or perhaps propose an offer of settlement, please feel free to contact the undersigned.

Thank you for your· anticipated courtesy and cooperation in this matter.

Stand by for a motion to compel because that is the new way for them to get their money back before dismissall.

If they say you objected that they sent a letter ask them what letter.

I don't think the court will see a problem just make a good excuse for the tardy responses such as awaiting discovery from plaintiff's related to standing(would be a good time for the standing demon to poke it's head up)

The good thing is you got it out now you need a few targeted discovery requests to get the witness information that they will use at trial.

I think it is unconscionable for the plaintiff's to use discovery statutes as an ATM to generate cash.

[legaleagle]

Discovery is about the lowest priority for any court. I think you're okay. You sent the responses, they should have them by their March 20 date. They will look rather silly filing a motion to compel when they have the answers in their hand. They probably won't do anything in that vein, but they always have the option of objecting to your answers. If you have the law firm's number, leave a message over the weekend stating that you have mailed the responses.

[thunderCA]

Will leave a message on Sunday. Thanks.

So my next step would be to wait or do discovery on them? Already received the BOP response a while back.

[legaleagle]

You should conduct your own discovery now. I recommend production of documents only.

Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

[calawyer]

I truly don't have any more information than what they furnished. There is nothing for them to get.

I'll just have to wait and see and go from there.

Just want to thank all of you (even if I screwed up) for all your help.

If you truly gave them what you have, it really isn't such a bad screw up. Lesson learned. Keep a calendar.

It is only bad when you have a valid objection and lose your right to assert it. For example, suppose you went to see an attorney and she wrote you a long letter telling you that you were going to lose the case because you admitted to owing the money. If they asked you for all documents relating to the account and you were not able to assert the attorney-client privilege, you would have to cough up the letter or ask the court for permission to assert the defense.

Sounds to me that if plaintiff insisted you remove all objections from your responses, they would not change at all.