byebyelatefee
New Member
I am the tenant who is being evicted. I have filed my answer with the court on 5/19/14 which was a Monday. The opposing attorney has mailed me a lot of discovery paperwork which I see mostly as intimidation tactics. I have two questions.
1. One of the items is Request for inspection to sample, test, photograph, copying of documents and have set an actual date/time to enter my home to do these things. I absolutely reject to this request because this unlawful detainer is just a matter of unpaid rent. I did not bring up any affirmative defenses in my reply and the only item I denied on my answer was the total rent owed. My entire defense rests on the fact that the landlords late fees are illegal and should not be part of the 3-day quit notice. He charges me a late fee every month even on months I pay rent in full because of prior late fees. Now should I write the opposing attorney a letter letting him know I refuse to let them in to snoop around my apartment? This is clearly bullying because it falls in line with "The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense."
2. The opposing attorney mailed their discovery requests on 5/22 which was 4 days after I filed my answer with the courts. The code states "The plaintiff may serve the defendant with written interrogatories without leave of court at any time that is five days after service of the summons on, or appearance by, the defendant, whichever occurs first. CCP §2030.020(c)." Does that mean that his service of discovery is not valid and they must reserve me after the 5 day waiting period is foregone?
1. One of the items is Request for inspection to sample, test, photograph, copying of documents and have set an actual date/time to enter my home to do these things. I absolutely reject to this request because this unlawful detainer is just a matter of unpaid rent. I did not bring up any affirmative defenses in my reply and the only item I denied on my answer was the total rent owed. My entire defense rests on the fact that the landlords late fees are illegal and should not be part of the 3-day quit notice. He charges me a late fee every month even on months I pay rent in full because of prior late fees. Now should I write the opposing attorney a letter letting him know I refuse to let them in to snoop around my apartment? This is clearly bullying because it falls in line with "The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense."
2. The opposing attorney mailed their discovery requests on 5/22 which was 4 days after I filed my answer with the courts. The code states "The plaintiff may serve the defendant with written interrogatories without leave of court at any time that is five days after service of the summons on, or appearance by, the defendant, whichever occurs first. CCP §2030.020(c)." Does that mean that his service of discovery is not valid and they must reserve me after the 5 day waiting period is foregone?