Legal Question in Civil Litigation in California

Re: trial delay and discovery

No. You should have gone in within 45+5 days and asked for additional sanctions, including dismissal. However, you can file a motion in limine to preclude the plaintiff's use at trial of any documents that were not produced and ordered to be produced, and specify which category of documents (or specific documents, if you know what they are)that the plaintiff should not introduce.

You can also ask that a jury instruction be given about presumptions arising from withholding evidence.

Re: trial delay and discovery

Yes it might be, but you should file a Motion for Terminating Sanctions/Compel

Re: trial delay and discovery

You should have brought another motion to compel further responses within 45 days after the plaintiff served the inadequate supplemental responses. Merely asking repeatedly for better answers was not enough. Unless you and he stipulated to waive the due date for a motion to compel, you probably cannot force him to give you what you want. The trial court will not delay the trial in order to give you time to do something you no longer have a right to do.

You may, however, be able to pursuade the court to resolve in your favor before trial the issues to which these answers related. Alternatively, you may be able to get an order barring the other side from introducing the evidence they should have given you earlier. These motions are fairly sophisticated and you should try to get a lawyer's help if at all possible.