6 months post -summons (in CA), still no discovery

[suedinca]

I have a couple of questions -

1) The evil opposition has filed a motion, received yesterday, scheduled to be heard in approx 3 wks.How long do I have to file an something opposing it?

2) Plaintiffs filed an unverified complaint (with the exception of the section on Venue.) I sent a document production request. They responded by saying that most of my questions go to materials in the hands of 3rd parties and are overbroad, unduly burdensome, go to workproduct or are generally too much like actual work. They did come up with a "cardmember agreement" which the attorney responding to the motion seemed to think was from the era in which I supposedly opened the account, though how he could tell is a pretty good question as it is uncaptioned and undated. They also produced a single sheet purporting to transfer the debt, with my name and for a particular sum (no breakdown re princple/interest/penalties) from the original bank to the new creditor. They blacked out the amount paid. This is the complete discovery I've received in this 20+Klawsuit. Oh, yes, 6 months after they filed suit, they claim that their investigation is "continuing" which is why they don't have anything else to give me. Nearly a month ago, I sent another, much more specific document production request. Still haven't heard back. Clearly it's time to file a motion, but what should it be for? A motion to compel production of the documents? Can I file a motion to ask the Judge to dismiss the case as they obviously either don't have any evidence, or they are refusing to tell me what it is? Suggestions welcome.

Thanks is advance!

[Huey Pilot]

Usually your discovery requests for production have a specific amount of time to produce plus 3 days for mailing. The usual time is 30 days. It sounds like your production requests time periods have lapsed. Many senior posters seem to be convinced you should send the Plaintiff a letter notifying them of their violation and giving an additional ten days and/or you will file a motion to compel with sanctions (suggest $5000.00).

 

Another suggestion is a Motion in Limine which will preclude/exclude the Plaintiff from submitting or using any of the documents you have requested and the Plaintiff has not produced. 

 

You will definitely want to file motions to strike the credit card agreement and the phony bill of sale document already produced. If you eliminate their evidence you eliminate their ability to maintain the case and requires a dismissal. 

 

California seems to have a lot of standard forms for everything. Maybe a CIC forum search will help you locate some of these templates and their related case law. It sounds like you have a very winnable case.

 

HP