dadincalifornia
Member
What is the name of your state (only U.S. law)? CA
I am in pre-trial phase of my case and am representing myself because I can't afford an attorney. Opposing counsel is less than ethical to say it nicely. She has filled out 4 false proofs of services saying that she mailed me documents I have never received. I have requested her to send everything by certified mail, ups or fed ex. She has not, and continues to claim she's mailed me things I never received. She has even claimed she went to my house to serve me and saw someone looking out the window, which is untrue.
I served discovery on the attorney, she never responded. I followed all the proper steps and got no response so I filed a motion to compel. Now, 3 weeks later, the attorney is claiming she already mailed me the responses and that I'm ridiculous. She slapped together some objections and back dated them to more than a month ago. This is her classic tactic. She will try to get me to drop the motion saying I will have to pay attorneys fees and sanctions if I lose, I have no grounds for a motion to compel because she already sent responses, and that the motion is harassment of her client.
It's a long and complicated case so my question is, what can be done? I was not served, and since she did not respond she doesn't get to object. I am asking for admissions deemed admitted, and sanctions for discovery abuse. This attorney has no problem lying. What can I do? Bring it to the judge? How? Will they believe her over me since she is an attorney? Can I bring it to the State Bar?
I am in pre-trial phase of my case and am representing myself because I can't afford an attorney. Opposing counsel is less than ethical to say it nicely. She has filled out 4 false proofs of services saying that she mailed me documents I have never received. I have requested her to send everything by certified mail, ups or fed ex. She has not, and continues to claim she's mailed me things I never received. She has even claimed she went to my house to serve me and saw someone looking out the window, which is untrue.
I served discovery on the attorney, she never responded. I followed all the proper steps and got no response so I filed a motion to compel. Now, 3 weeks later, the attorney is claiming she already mailed me the responses and that I'm ridiculous. She slapped together some objections and back dated them to more than a month ago. This is her classic tactic. She will try to get me to drop the motion saying I will have to pay attorneys fees and sanctions if I lose, I have no grounds for a motion to compel because she already sent responses, and that the motion is harassment of her client.
It's a long and complicated case so my question is, what can be done? I was not served, and since she did not respond she doesn't get to object. I am asking for admissions deemed admitted, and sanctions for discovery abuse. This attorney has no problem lying. What can I do? Bring it to the judge? How? Will they believe her over me since she is an attorney? Can I bring it to the State Bar?
