ReadytoWininCA Posted November 19, 2012 Report Share Posted November 19, 2012 Hi all,Can you please help me to calculate when the last date is for me to file a Motion to Compel a further response to discovery (request for production responses were incomplete from Plaintiff) in California.I've waited longer than I should have to tackle this, but I just want to make sure I still have time to file. I have already sent my very detailed Meet & Confer letter October 25th, no response to this from Plaintiff.So, Plaintiff "served" their incomplete responses on October 8, 2012 (Columbus Day Holiday) by MAIL. I know I have 45 days to file, plus 5 for mail (?) and 2 holidays - Columbus & Veterans - I'm not sure if there were any additional court holidays, but I will find out if it matters. I came up with November 28th as my drop dead date to file, can anyone tell me if I am correct? Thank you very much for your time! Link to comment Share on other sites More sharing options...
1stStep Posted November 19, 2012 Report Share Posted November 19, 2012 Thanksgiving. Link to comment Share on other sites More sharing options...
helpme Posted November 19, 2012 Report Share Posted November 19, 2012 Calawyer correct me if I'm wrong...if pos says Oct 8 then 45 days would put it at Friday Nov 23. With mine...I filed my answers 9/11 and they had until 10/26 to file a motion. So being that its a short week, you will need to file today or tomorrow not sure if courts are full day on Wed. When you reserve your date: it has to be 21 court days not including holidays and weekends, you're at least looking at the week of Christmas if the courts are open that week (not sure) or the week after. You have to give yourself time to work on your separate statement for each of your documents you want the courts to compel.Hope this helps... Link to comment Share on other sites More sharing options...
ReadytoWininCA Posted November 19, 2012 Author Report Share Posted November 19, 2012 (edited) 1st Step & Helpme (hi you both!) thank you for your input, sorry for the re-ask, is there hope?Bad, my very bad. Don't I get 5 extra days for the mailing and 2 extra days since the courts weren't open on Columbus & Veterans' Day? Or are you both working those in to your dates? That's my last hope obviously, because I haven't worked up anything to file.Besides having no idea what all needs to be done with the Motion to Compel (I'm going to start reading right after I type this) is there anything else I need to do? I basically have the 'separate statement' mostly done right because I did that detailed Meet & Confer.By the way, I've only sent the one Meet & Confer letter, should that suffice for informally trying to get this fixed or should I call the law firm today even though I know I won't get a response?So, I need to file my actual paperwork (the Motion to Compel which I haven't even created yet) with the court & serve it to the lawyers by mail by Wednesday 11/21 ? THANKS! Edited November 19, 2012 by ReadytoWininCA Link to comment Share on other sites More sharing options...
1stStep Posted November 19, 2012 Report Share Posted November 19, 2012 I'd just get the motion in... if you need to, you can always withdraw it. Link to comment Share on other sites More sharing options...
ReadytoWininCA Posted November 19, 2012 Author Report Share Posted November 19, 2012 Ok, I'm going to dive in and see if I can come up with something that can actually be given to the court before Wednesday, good point on being able to edit later. I'm not working right now, so I'll just work full-time on this the next 2 days....trying to breathe, wish I didn't keep doing this to myself (waiting till the last moment), perhaps this will be the turning point! Thank you again! Link to comment Share on other sites More sharing options...
helpme Posted November 19, 2012 Report Share Posted November 19, 2012 (edited) Just Pm'd you. Edited November 19, 2012 by helpme Link to comment Share on other sites More sharing options...
helpme Posted November 19, 2012 Report Share Posted November 19, 2012 Just sent you the links we talked about.... Link to comment Share on other sites More sharing options...
ReadytoWininCA Posted November 21, 2012 Author Report Share Posted November 21, 2012 (edited) Hi again, we later realized I have until the 27th to file my MTC with the court...so I sent my Meet & Confer (the last one I"m sending about this Request for Production) on 11/20 and I posted the actual answer to this threads' question in my original thread, thought I should add the same here, so here goes:You count 45 days from the day you were Served with the incomplete response. Remember "served" is the date they put on their Proof of Service (not the date your received it). When you receive your paperwork by mail you get to add 5 days (1st Class Mail) to the 45 days. This by the way is Civil Code of Procedure 1013...there are different extensions for mail outside of CA and outside of the US - and also different extensions for FAX and for Overnight Mail, so please check to see which applies to your situation.In my case, I was served my incomplete response on October 8, 2012 by 1st Class Mail. You count forward the 50 regular days from the next day October 9, 2012. If you use the calendar to do that you end up on November 27, 2012 which is my drop dead date to file my Motion to Compel to the court. AND, I can also put my Motion to Compel in the mail to the Plaintiff on November 27, 2012 because when I mail it, its considered "served". (I put that last part in just in case you think the Plaintiff also needed to receive it by the 27th, that's not the case).I owe all of the above information to CALAWYER, SEADRAGON, and HELPME - you guys are the best, thank you very much for your replies to my desperation notes & just for being generally AWESOME! Edited November 21, 2012 by ReadytoWininCA Link to comment Share on other sites More sharing options...
Recommended Posts