Legal Question in Discrimination Law in California

I have served notarized Affidavit's of Truth & Opportunity to Cure to the servicing Agents of specific business's for Civil Rights Violations. Those business's have surpassed the 10 day grace period to respond/rebut. Those Agents are required to respond via rebuttal to me, in kind, specific to each and every point of the subject matter stated therein, via their own sworn and notarized affidavit, using true fact, valid law and​ evidence to support your rebuttal of the specific subject matter stated in my original Affidavit/Declaration. Their failure to respond, as stipulated, and rebut, with particularity and specificity, anything with which they disagree in my original Affidavit/Declaration, is their lawful, legal and binding tacit agreement with and admission to the fact that everything in my Affidavit/Declaration is true, correct, legal, lawful, and fully binding. That said, can you recommend a 'next step or an example of 'Prima Facia' next step letter or final demand letter to send to these business's to outline specific punitive and compensatory damages? Also should I file for summery judgement? What are best next steps?

Asked on 7/07/21, 11:09 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

There is no such thing as "Affidavit's of Truth & Opportunity to Cure" in California law. Any such document would be of absolutely zero legal meaning or effect. It most certainly does not require anyone to respond, much less within 10 days, much less make a failure to respond a binding admission. I'm not sure where you got all this, but it has absolutely nothing to do with California law or procedure, and has nothing to do with the law and procedure of any state I know of. There is such a thing as a "Request for Admissions," that MAY become binding on the other parties if they fail to respond, but they have 30 days, 35 if served by mail, not 10, and you can only serve a Request for Admissions in the context of a lawsuit. You must first have filed a Complaint, and the other side must have filed an Answer in the Superior Court, before you can serve a set of Requests for Admissions. Furthermore what can be requested to be admitted, and the format and contents of the request are subject to strict rules of procedure. If you don't follow them, the other side can refuse to respond, or can file a motion to have the requests thrown out and you fined for serving improper requests.

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Answered on 7/09/21, 3:14 pm

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