Legal Question in Civil Litigation in California

I have decided to file a motion to compel. I am the defendant in an unlawful detainer. Do I have to file the discovery papers along with the motion to compel? Am I required to do that? Or can I just file the motion to compel and have someone mail a copy to the plaintiff.

Also, do I file a different motion to compel for interrogatories, production of documents and request for admission. Or can I include all of them in just one motion.

Thank you to all the help I have received so far.


Asked on 5/19/11, 10:58 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

I assume that you are not in Small Claims court as there is no provision for motions there. You can combine the three items into one motion but must include what the discover requests were s the judge can see if they are legitimate. You must file the motion and serve the plaintiff of their counsel, but that is done by mailing the documents and attaching a proof of service sent by a non-party to the action.

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Answered on 5/19/11, 2:22 pm
Anthony Roach Law Office of Anthony A. Roach

You don't combine the motions. Each one is a different motion. If your opponent has not answered requests for admissions, the proper motion is not a motion to compel, but rather a motion for them to be deemed admitted.

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Answered on 5/19/11, 3:39 pm


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