Daessar Posted September 6, 2013 Report Share Posted September 6, 2013 Not sure if I made an error or not, but I thought I'd ask. Sent a Request for Admissions/Interrogatories approx the first week in Aug. and the trial is for Sep. 30th. I had sent all other documents CMRRR, but this one I didn't, never recieved a response from H&H. On Aug 28th, I recieved a CCP 98 which is dated as such with the court, on a one day turnaround, I sent a DSC015 Request for Statement of Witness and Evidence ( Aug 30th ). This was sent CMRRR dated by the PO on the 30th ( 31 days before trail ), they responded with denial of request because I was past the date allowed. This stuff is new to me and I have been reading as much as possible, but I thought I'd ask about options here. thanks. Link to comment Share on other sites More sharing options...
Daessar Posted September 6, 2013 Author Report Share Posted September 6, 2013 I thought I'd try and clarify the 2 questions - 1. I forgot to use a CMRRR when I sent the Request for Admissions/Interrogatories, so does that mean I'm Sol on that and nothing I can do? 2. Was I really "too late" in mailing a DSC-15, 31 days prior to trial? Those were the 2 questions I had, in my description and explanation above, sorry if it was confusing. Link to comment Share on other sites More sharing options...
Daessar Posted September 8, 2013 Author Report Share Posted September 8, 2013 So I looked up the California CCP 96 again for reference, and I still think I am correct, it says: " ( b ) The request shall be served no more than 45 days or less than 30 days prior to the date first set for trial, unless otherwise ordered." So why did I get a response of "too late"? I have dated proof that I mailed this 31 days prior to date. Link to comment Share on other sites More sharing options...
Sharleemar Posted September 8, 2013 Report Share Posted September 8, 2013 GOOD QUESTIONS: This has been my exact quandary AND with H&H as well.I think I better hurry up...the trail set date is 10/18/13. Looks like I need to get discovery into them asap based on that CCP! I look forward to watching the answers to Daessar's questions. Link to comment Share on other sites More sharing options...
RyanEX Posted September 8, 2013 Report Share Posted September 8, 2013 Daessar, you sent the DSC-15 (CCP 96) 31 days before trial - according to your CMRRR when did they receive it? Link to comment Share on other sites More sharing options...
Daessar Posted September 8, 2013 Author Report Share Posted September 8, 2013 Sept 3rd, no postal service on Sept 2nd ( Labor day ). Link to comment Share on other sites More sharing options...
shellieh98 Posted September 8, 2013 Report Share Posted September 8, 2013 send them a meet and confer, with a copy of your recipt of when you mailed it stating you were on time. Link to comment Share on other sites More sharing options...
Daessar Posted September 10, 2013 Author Report Share Posted September 10, 2013 sent out M&C CMRRR, per your suggestion. Link to comment Share on other sites More sharing options...
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