details re filing complaint - Los Angeles Superior Ct - Unlimited Division

[quincy]

... I will set out to understand neutral case evaluation and non-binding arbitration. ...

The following is a link that provides information on the alternative dispute resolutions dcatz mentioned in his post:

http://www.courts.ca.gov/program-adr.htm

Good luck with your case.

 

[rmknox]

The following is a link that provides information on the alternative dispute resolutions dcatz mentioned in his post:

http://www.courts.ca.gov/program-adr.htm

Good luck with your case.

Quincy -- Thanks

 

[quincy]

Quincy -- Thanks

You're welcome, rmknox.

Again, good luck.

 

[dcatz]

More advice:

Remembering that you have limits to discovery, craft a discovery plan. Use Judicial Council forms intelligently. The Interrogatories won’t count against your limits, but probably more than half will be useless. If the defendant won’t agree to ADR, “paper” him into submission until he asks for it or you narrow the issues down to the case you want. You have 31 affirmative defenses. Use Special Interrogatories.
INTERROGATORY NO. 1:
State with specificity each and every fact on which you rely in support of the First Affirmative Defense as asserted in the Answer on file herein.
INTERROGATORY NO. 2:
State with specificity each and every fact on which you rely in support of the Second Affirmative Defense as asserted in the Answer on file herein.
Etc. Etc. to 31. “Cut & paste” is easier on you than answering is on him.
Separate the wheat from the chaff. Don’t forget the Declaration(s) for Additional Discovery (CCP §§2030.040 and 2033.050) and stay within your limits that way.
As suggested, craft your own RFAs. You’re developing evidence. Remember that. Your alternatives are SDTs or even cross-examination. What do you think will be easier? Which might you do right and where are problems likely?
INTERROGATORY NO. XX:
For each response to Plaintiff’s First Set of Requests for Admissions which is anything but an unqualified admission, state with specificity each and every fact upon which you rely in support of each such response.

You can win your case with law & motion, but you can lose it by following questionable advice

 

[rmknox]

More advice:

Remembering that you have limits to discovery, craft a discovery plan. Use Judicial Council forms intelligently. The Interrogatories won’t count against your limits, but probably more than half will be useless. If the defendant won’t agree to ADR, “paper” him into submission until he asks for it or you narrow the issues down to the case you want. You have 31 affirmative defenses. Use Special Interrogatories.
INTERROGATORY NO. 1:
State with specificity each and every fact on which you rely in support of the First Affirmative Defense as asserted in the Answer on file herein.
INTERROGATORY NO. 2:
State with specificity each and every fact on which you rely in support of the Second Affirmative Defense as asserted in the Answer on file herein.
Etc. Etc. to 31. “Cut & paste” is easier on you than answering is on him.
Separate the wheat from the chaff. Don’t forget the Declaration(s) for Additional Discovery (CCP §§2030.040 and 2033.050) and stay within your limits that way.
As suggested, craft your own RFAs. You’re developing evidence. Remember that. Your alternatives are SDTs or even cross-examination. What do you think will be easier? Which might you do right and where are problems likely?
INTERROGATORY NO. XX:
For each response to Plaintiff’s First Set of Requests for Admissions which is anything but an unqualified admission, state with specificity each and every fact upon which you rely in support of each such response.

You can win your case with law & motion, but you can lose it by following questionable advice

OK - thanks
I sent him DISC-001 and checked para 15.0
It was my hope that that one paragraph did what you are telling me to do - both as regard the affirmatives but also the general denial
Should I also do special interrogatories per the above?
I currently am preparing a DISC 020 Request for Admissions. I was going to include many compromising emails I received and also a series of admissions supporting my main points - in many cases referring to the applicable email

If I want Defendant to acknowledge legitimacy of emails, can I put pdfs of the emails on a flash drive and provide it along with a DISC-020, box 2 checked, and an Attachment 2 which is a directory of the applicable pdfs, or is it necessary to provide printed copies?

OOPS - I see you answered this on a different thread - pls excuse

 

[quincy]

OK - thanks
I sent him DISC-001 and checked para 15.0
It was my hope that that one paragraph did what you are telling me to do - both as regard the affirmatives but also the general denial
Should I also do special interrogatories per the above?
I currently am preparing a DISC 020 Request for Admissions. I was going to include many compromising emails I received and also a series of admissions supporting my main points - in many cases referring to the applicable email

If I want Defendant to acknowledge legitimacy of emails, can I put pdfs of the emails on a flash drive and provide it along with a DISC-020, box 2 checked, and an Attachment 2 which is a directory of the applicable pdfs, or is it necessary to provide printed copies?

OOPS - I see you answered this on a different thread - pls excuse

Just to avoid any difficulty others might have in trying to locate the other thread rmknox references above (where the additional questions by rmknox were also asked, and answers were provided by dcatz), the thread can be accessed through the following link:

https://forum.freeadvice.com/civil-litigation-46/regarding-requests-admissions-607852.html

 

[dcatz]

OP – I’m not sure that I have used Form discovery in years, if ever. If I did, it was to be a PITA to somebody who had done what your defendant did to you. I don’t think I would have started as you did but, having started, I would now prepare for the next step. The defendant will inevitably make some misstep. I would prepare the foundation for a Motion to Compel and/or a Motion to Deem, as appropriate and as quickly as permissible. I would get that calendared, so the defendant was working on his Opposition at the same time he was working on the Second Set of discovery.

I discouraged you from attaching exhibits to Rogs in the form of PDFs on a flash drive. In the spirit of full disclosure, before leaving FA, I would like you to be aware that the Civil Discovery Act was amended in 2009 by the addition of the Electronic Discovery Act.. While eDiscovery is far too detailed and complex for passing mention on FA and, anyway, I feel confident about the response based on what you had posted and my understanding of your goals, Electronic Discovery is something you may choose to explore further.

Good luck.

 

[rmknox]

OP – I’m not sure that I have used Form discovery in years, if ever. If I did, it was to be a PITA to somebody who had done what your defendant did to you. I don’t think I would have started as you did but, having started, I would now prepare for the next step. The defendant will inevitably make some misstep. I would prepare the foundation for a Motion to Compel and/or a Motion to Deem, as appropriate and as quickly as permissible. I would get that calendared, so the defendant was working on his Opposition at the same time he was working on the Second Set of discovery.

I discouraged you from attaching exhibits to Rogs in the form of PDFs on a flash drive. In the spirit of full disclosure, before leaving FA, I would like you to be aware that the Civil Discovery Act was amended in 2009 by the addition of the Electronic Discovery Act.. While eDiscovery is far too detailed and complex for passing mention on FA and, anyway, I feel confident about the response based on what you had posted and my understanding of your goals, Electronic Discovery is something you may choose to explore further.

Good luck.

dcatz - thanks for your advice and encouragement.

I am busy working out my discovery plan - involving (i) admissions of facts that support my claims, (ii)admission of genuineness of various emails that substantiate my facts and (iii)documents that support my claims.

The whole process is intimidating since I feel most self confident when I know that I'm on solid ground and I really don't know what to expect at the Case Management Conference or at trial.

 

[quincy]

"I would prepare the foundation for a Motion to Compel and/or a Motion to Deem, as appropriate and as quickly as permissible."

Does that mean you are assuming the Defendant(s) will not file a timely or reasonable response to Plaintiffs Request for Admissions?

I truely value your intelligence regarding litigation, Decatz, I was just wondering what a foundation for such motions would entail.

It is my understanding that dcatz has decided not to return to the forum (although I certainly hope he does).

Perhaps tranquility or latigo will stop by and explain to you why this could/should be done, Nellibelle, and perhaps one of them can take over where dcatz left off, if rmknox needs more assistance.

 

[rmknox]

Regarding production of documents - as I understand it I request the opportunity to copy or photocopy them. How does this work if they are kept at the home of the Defendant and he does not have a copier - and specifically if they include a blueprint? I know that the engineer who created the print made an extra copy so the defendant could give one to me. Can I request that the defendant give me that extra copy? In general how do docs get copied? Do we meet at Kinko's? etc

Alternatively I could sit down and copy from the documents what I want.

Is this what is normally done?

PS - looking at the code I find
(2) Specify a reasonable time for the inspection, copying,
testing, or sampling that is at least 30 days after service of the
demand, ...
(3) Specify a reasonable place for making the inspection, copying,
testing, or sampling, and performing any related activity.

So can I specify Kinko's local location 35 days from now if I serve by mail?

 

[tranquility]

Discovery is an art and not a science. While there are certainly rules and penalties if not done correctly, the real key is being reasonable and getting the cooperation of the other party without having to get judicial intervention. Once you start getting to arguing in front of a judge about discovery, you better be right and not just think you are right because some schlub (such as myself) told you something over the internet. If this suit is for real money, buy a good guide like "Matthew Bender Practice Guide: California Civil Discovery" to help. (Or, find a good legal library nearby that might have it.)

For an older guide that is not well organized for use and has some out-of-date rules (always check before thinking it is correct), see:
http://livinglies.files.wordpress.com/2008/11/california-deposition-and-discovery-practice.pdf

A non-specific but useful summary of what to expect in some instances:
http://california-discovery-law.com/practice_points.html