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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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California limited civil discovery: I as the Defendant propounded

Resolved Question:

California limited civil discovery: I as the Defendant propounded discovery to the Plaintiff. My question is as follows.

All responses to propounded discovery were received late from the Plaintiff, also the attorney that prepared them signed the responses but did not verify the responses & stated that verifications would be sent shortly, the verifications arrived 3 days later & signed by a different attorney. I recall reading in the rules that the preparing attorney is suppose to sign & verify, also the fact that the responses were not sent verified when mailed to me is viewed as no response at all, or am I interpreting the rules in incorrectly? Please advise. Thank you.
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 10 months ago.

LegalGems :

Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum. Here is the relevant code section:


2030.250 – Verifications and Attorney Signature Requirements.



2030.250.


(a) The party to whom the interrogatories are directed shall sign the response under oath unless the response contains only objections.


(b) If that party is a public or private corporation, or a partnership, association, or governmental agency, one of its officers or agents shall sign the response under oath on behalf of that party. If the officer or agent signing the response on behalf of that party is an attorney acting in that capacity for the party, that party waives any lawyer-client privilege and any protection for work product under Chapter 4 (commencing with Section 2018.010) during any subsequent discovery from that attorney concerning the identity of the sources of the information contained in the response.


(c) The attorney for the responding party shall sign any responses that contain an objection. http://www.nfsesq.com/resources/ccp-discovery/ccp-interrogatories/#2030.250 Verification is supposed to be sent simultaneously. However, it is within the court's discretion to allow the responses to stand. 2030.290. If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories. (c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. If a party then fails to obey an order compelling answers, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). http://law.justia.com/codes/california/2010/ccp/2030.210-2030.310.html


LegalGems :

The purpose of the attorney verification is that s/he is vouching for the objections asserted (as opposed to the accuracy of the responses themselves.

LegalGems :

Since a new attorney signed them, that new attorney would likely argue the "mistake, inadvertence" etc of the prior attorney resulted in the failure to verify.

Customer:

Excellent!!!!!! My motion in limine just gained more strength.

Customer:

Thank you.

LegalGems :

Oh perfect. Glad to have helped!

LegalGems, Lawyer
Satisfied Customers: 3192
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 7 other Consumer Protection Law Specialists are ready to help you

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