iamHankster
New Member
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
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
