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Plaintiff landlord missed deadline for responding to my Request for Admissions

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iamHankster

Junior Member
What is the name of your state (only U.S. law)? California

Hi,

I am defendant in unlawful detainer case.

Before I filed my answer to the complaint, I had the landlord properly served, within a timely manner, with Request for Admissions and also Demand for Production of Documents.

The landlord refused to comply with any of my discovery requests. He plainly insisted that he need not respond to my discovery attempts. I have received nothing from him. I have discussed this matter with him twice, i.e., meet-and-confer. I even asked if he needed more time or had any questions regarding any of my discovery requests.

Now, the deadline for his responding has already passed. I want to file motion with the court to deem requests admitted and also to compel production of the requested documents. Today, he told me that he is going to request trial date.

As the timeline is short with eviction actions:

1. I want to know what motion(s) I should file for a hearing, before a judge, i.e., motion to deem [request for] admissions admitted and a motion to compel production of documents.


2. I want to set a hearing date for my motions. I want to set a hearing date as early as Friday or next Monday. I don't know how to obtain a hearing date on this matter. Do I do an ex parte?

3. Do I need to formally serve the landlord with a notice informing him that I plan to seek a hearing date for my motions, before I actually attempt to obtain a hearing date for the judge to hear my motion(s)? I have already verbally told him that I planned to file appropriate motions due to his failure to comply with discovery. I also sent him two emails in which I so indicated.

4. I realize that, once I obtain a hearing date, I will have to serve the landlord with my motions to deem requests admitted and my motion to compel production of documents. Can I, myself, serve the landlord with such documents, or do I need a third party to serve him?


Thank you,

iamHankster
 


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davidmcbeth3

Senior Member
This a small claims case? If so, disregard the following..

File a motion for summary judgment or dismissal if your request for admissions has statements that completely exonerate you. Don't bother with a motion to compel until the SJ/Dismissal is ruled upon (waste of time).

If he has not answered the request to admit , nothing further is needed on your end - they are DEEMED ADMITTED.

File your motion & however you get a hearing date & just serve the plaintiff as a normal pleading/notice. You need not give him advance notice.
 
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iamHankster

Junior Member
Additonal Questions

5. I assume that I include the following with my motion to deem requests admitted and motion to compel production of documents:

a. Declaration
b. Point and Authorities
c. Copy of Request for Admissions (and proof of service)
d. Copy of Demand for Inspection and Copying of Documents (and proof of service)
e. Along with my FedEx airbill. (I sent it FedEx Overnight Delivery, priority)

6. Once I obtain a hearing date, what documents do I serve on the landlord?

P.S. This is a Los Angeles Superior Court Limited Jurisdiction case
 
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davidmcbeth3

Senior Member
Why you still going on about discovery?

Tranquility makes a good point about service.

You may wish to check this out before taking any action (if FedEx service is "service").

If service was defective, re-serve properly. Did you file a notice to the court that you served requests to admit? 'Cause you should have (just a notice, not the requests themselves)

Limited jurisdiction ? Do you have discovery available w/o leave of this court?

No need to have case law in your motions unless a memorandum of law is required to also be filed.


It seems to me that the LL acknowledged receipt of the discovery so the misstep in service via US Mail may not be an issue for him -- he did respond by refusing to answer.
 
Zigner

Zigner

Senior Member, Non-Attorney
sandyclaus said:
Yes. CA law allows for service by express mail or courier. The law recognizes this as valid because it usually requires a signature, thus confirming service.
Click to expand...
FedEx is neither "Express Mail" or a "courier"
 
T

tranquility

Senior Member
One of ya'll wouldn't happen to have a cite for that, would ya?
Click to expand...
California Code of Civil Procedure Section 1013 - California Attorney Resources - California Laws

CCCP 1013(c)
(c) In case of service by Express Mail, the notice or other paper
must be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service for receipt of Express
Mail, in a sealed envelope, with Express Mail postage paid,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service by Express Mail;
otherwise at that party's place of residence. In case of service by
another method of delivery providing for overnight delivery, the
notice or other paper must be deposited in a box or other facility
regularly maintained by the express service carrier, or delivered to
an authorized courier or driver authorized by the express service
carrier to receive documents, in an envelope or package designated by
the express service carrier with delivery fees paid or provided for,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service; otherwise at that party'
s place of residence. Service is complete at the time of the deposit,
but any period of notice and any right or duty to do any act or make
any response within any period or on a date certain after service of
the document served by Express Mail or other method of delivery
providing for overnight delivery shall be extended by two court days.
The extension shall not apply to extend the time for filing notice
of intention to move for new trial, notice of intention to move to
vacate judgment pursuant to Section 663a, or notice of appeal. This
extension applies in the absence of a specific exception provided for
by this section or other statute or rule of court.
Click to expand...
 
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