Legal Question in Civil Litigation in California

Opposition filed unverified, hybrid responses to frm & spec. iroggs, admissions, docs sets 1. I was 1-day late in filing motion to compel further. Now trying to reset 45-day clock to file mtn to compel. If opposition resubmits responses to :

A) docs, adding 100 pgs;

B) Spec Iroggs with some changes;

Does this reset 45-day clock to file motion to compel any or all of the requested docs & spec. interrogatories? I will offer compromise to encourage opposition to resubmit, including admisisons & form interrogatories.


Asked on 8/27/12, 12:26 pm

2 Answers from Attorneys

Clock doesn't run on unverified answers in the first place. File a motion to compel, not to compel further.

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Answered on 8/27/12, 1:16 pm
David Goldberg The Goldberg Legal Group

Unverified responses are the equivalent to no answers at all. The 45 day period starts from the day verified responses are served. So if the opposition served additional supplemental responses as you described that were verified then the 45 days starts to run from the service of those responses. Also, as a reminder you have a meet and confer requirement prior to filing a motion to compel further responses.

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Answered on 8/27/12, 1:29 pm


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