Hi,
I am a defendant in a UD case. My trial is set for May 20. I served plaintiff with DPDs and ROGs on April 29. On May 1, plaintiff served me with inadequate responses. I spoke with plaintiff's attorney on May 6 to arrange a meet-and-confer. He told me to send email of my specific concerns and problems with his responses. He provided me with an email address for that purpose. I gave him my email address as well; I suggested that he mark it in his "Contacts" in order to avoid its being automatically designated as junk email.
On May 7, I emailed the attorney detailed information concerning my problems with his responses and document production. I carefully outline my concerns with each problematic response. On May 8, I called his office in the morning and left message with receptionist informing attorney that I had sent email as per our phone conversation. On May 8, late in the evening, the attorney emailed me from a different email address than the one he had originally provided me. He claimed that he had not received my email.
On May 9, I forwarded my original email and attachments to both of his email addresses. I did mention therein that I had indeed emailed him that same information on May 7.
I think that this attorney may be just wasting time and "eating up" precious time, as UD cases are fast-tracked. I realize that the discovery cut-off for UD cases is five days before trial. I need to file motions to compel in a timely fashion.
1. Do I still have time to file motions to compel further responses?
2. Do I need to file a motion to shorten time for hearing?
3. Do I have grounds to ask for postponement or rescheduling of UD trial? If so, how and when would I do this?
4. Do I just wait until trial date and explain to judge that plaintiff did not comply with discovery and so I was unable to adequately prepare a proper defense?
I have drafted all of the necessary documents, including Notice of Motion and Motion to Compel Further Responses, Meet and Confer Declaration, Memorandum of Points and Authorities, Separate Statement in Support of Motion to Compel Further Responses and Exhibits.
Thank you,
MarkJ
I am a defendant in a UD case. My trial is set for May 20. I served plaintiff with DPDs and ROGs on April 29. On May 1, plaintiff served me with inadequate responses. I spoke with plaintiff's attorney on May 6 to arrange a meet-and-confer. He told me to send email of my specific concerns and problems with his responses. He provided me with an email address for that purpose. I gave him my email address as well; I suggested that he mark it in his "Contacts" in order to avoid its being automatically designated as junk email.
On May 7, I emailed the attorney detailed information concerning my problems with his responses and document production. I carefully outline my concerns with each problematic response. On May 8, I called his office in the morning and left message with receptionist informing attorney that I had sent email as per our phone conversation. On May 8, late in the evening, the attorney emailed me from a different email address than the one he had originally provided me. He claimed that he had not received my email.
On May 9, I forwarded my original email and attachments to both of his email addresses. I did mention therein that I had indeed emailed him that same information on May 7.
I think that this attorney may be just wasting time and "eating up" precious time, as UD cases are fast-tracked. I realize that the discovery cut-off for UD cases is five days before trial. I need to file motions to compel in a timely fashion.
1. Do I still have time to file motions to compel further responses?
2. Do I need to file a motion to shorten time for hearing?
3. Do I have grounds to ask for postponement or rescheduling of UD trial? If so, how and when would I do this?
4. Do I just wait until trial date and explain to judge that plaintiff did not comply with discovery and so I was unable to adequately prepare a proper defense?
I have drafted all of the necessary documents, including Notice of Motion and Motion to Compel Further Responses, Meet and Confer Declaration, Memorandum of Points and Authorities, Separate Statement in Support of Motion to Compel Further Responses and Exhibits.
Thank you,
MarkJ
