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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I am in Pro per with a Dissolution case in California. The

Customer Question

Hello again William, I am in Pro per with a Dissolution case in California. The other party is Self Employed and has been dishonest in his monetary condition and income. On his Income and Expense declarations, he has listed his income as grossly less than
what it is, and then withheld production that would prove this dishonesty. He was previously ordered to produce all financial data in 2013, but then feigned settlement talks (which I fell for). Then in January 2015, he brought the case back on calendar (in
Pro per) requesting we go forward with trial. Knowing I needed updated financial information, but not knowing how to enforce the previous 2013 order, I served him with a Production Demand in February 2015. He gave me partial production in late April, but no
verified responses. I sent three Meet and Confer letters to no avail. Still not knowing how to enforce the previous orders from 2013, and not knowing if a motion to compel production would do any good, I served him with Request for Admission of Fact, and Genuineness
of Documents, along with General Form Interrogatories, specifically checking box 17.1. He didn’t respond in any way within the given time. I sent two more meet and confer letters requesting response to the production demand, general form Interrogs and requests
for admission. No response. So, based on the content of the Admissions, I figured filing a Motion to Deem Admitted would gain me more than a motion to compel production, which I filed in August 2015. Then, on the last day he could, he filed verified response
to the request for admissions. He answered “Unable to access at this time" on multiple matters, yet the very documents he claimed he was unable to access were contained in the RFA of Genuineness of Documents, which he admitted. And at no time did he state
he made a reasonable search, which obviously he couldn’t have, since that very document was included and admitted with the RFA of Genuineness of Documents. He Denied matters in the RFA of Fact, but then admitted matters in the RFA of Genuineness of Document
that contained the document to which RFA of Fact referred. He also gave answers like “included on tax returns” and “per family code…”. Based on the code I read (CCP 2033.220-420), the response(s) he provided were not “sufficient”. Therefore, I filed a reply
declaration outlining in detail which answers were insufficient based on the appropriate code(s). But the commissioner denied my motion on the grounds thathis response was sufficient. While at the hearing, I referred to my Reply Declaration outlining the insufficiency,
and asked the commissioner why he found the response to be sufficient, he told me I would have to bring that up in a subsequent motion. Now, I am thinking I should file a motion to compel response to the General Form Interrogs, so that he must specifically
answer 17.1 and provide all facts upon which he based his responses that he did not admit. Could you please advise on your thoughts on this strategy? I will also be going forward with a business records subpoena for income records from “1099 contracting” that
he has never claimed as income, based on your previous help with this question. Sorry to be so windy with this and thank you for your time.
Submitted: 1 year ago.
Category: Family Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am actually going to "opt out" of this particular question and allow another expert to assist you. My background is primarily in civil litigation (our prior discussion regarding subpoenas is still appropriate for the same reasons we discussed), and you really want someone with more background in family law to help you with this new question.

There is no need to follow up at this time, another expert with experience in this field will be able to find your question and will respond shortly.

I do wish you the very best with your matter.

Best regards,

Bill

Customer: replied 1 year ago.
Understood. With thanks.

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