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Sample Letter for Plaintiff's Motion to Compel Answers to Plaintiff's...

San Diego California Sample Letter for Plaintiff's Motion to Compel Answers to Plaintiff's Second Set of Interrogatories

Name: San Diego California Sample Letter for Plaintiff's Motion to Compel Answers to Plaintiff's Second Set of Interrogatories
Brand: US Legal Forms
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Letters - Legal - Documents

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Multi-State

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San Diego

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US-0873LTR

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This form is a sample letter in Word format covering the subject matter of the title of the form.

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How to fill out San Diego California Sample Letter For Plaintiff's Motion To Compel Answers To Plaintiff's Second Set Of Interrogatories?

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In an unlimited civil case (cases over $25,000), each party may make 35 requests for admission. Any number over 35 may be asked if the request contains a declaration of necessity, a sworn statement in which the party or attorney declares under penalty of perjury that additional discovery is required.

(b) Except as provided in Section 2030.070, no party shall, as a matter of right, propound to any other party more than 35 specially prepared interrogatories. If the initial set of interrogatories does not exhaust this limit, the balance may be propounded in subsequent sets.

A motion to compel asks the presiding probate and family judge to order one party to provide the opposing side with evidence related to the divorce proceedings. Such evidence may include: Deposition testimony. Requests for admissions of undisputed facts.

A motion to compel further responses to interrogatories is a prime example. (This is where you've received responses to interrogatories, believe them to be incomplete, and you want the court to order the responding party to provide further responses.)

2030.020 Timing For Serving Interrogatories. (b) A plaintiff may propound interrogatories to a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first.

Notably, for a motion to compel further discovery responses, there is a strict 45-day deadline to serve notice of motion to compel further discovery responses; as well as a strict meet and confer requirement prior to filing of the motion.

Before a party files a motion to compel a response to discovery, the party must make a good faith effort to confer with the person or party allegedly failing to properly respond to a request for discovery in an effort to secure information or material without action by the ALJ.

In an Unlimited Civil Case (over $25,000), parties may ask an unlimited number of form interrogatories. These questions may include subparts as appropriate.

See California Code of Civil Procedure §§2030.030(a)(2) and 2030.060. Their use was usually the first volley in the discovery battle. For years the Courts had found that the Form Interrogatories were objection proof as to form with minor exceptions.

A separate statement is not required when no responses have been provided. (Cal. Rules of Court, rule 3.1345(b).)

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Attached as Exhibit 2 are Defendant's Special Interrogatories, Set Two. Below is a sample letter before a motion to compel is filed demanding more complete answers.THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; OAK INDUSTRIES, INC. Said special interrogatories may be served at any time after. Plaintiff or Defendant has answered standard interrogatories. Plaintiffs' Motion to Compel Rebels' Responses to Plaintiffs' First Set of Interrogatories and Request for Production. Page 3 of 23. ANSWER:. ("defendant") motion to compel answers to interrogatories (Dkt. And it also seems that the San Pedro BID contracts with the Port every summer to run trolleys around downtown San Pedro.

San Diego California Sample Letter for Plaintiff's Motion to Compel Answers to Plaintiff's Second Set of Interrogatories

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FAQ

How many requests for admissions are allowed in California?

How many sets of form interrogatories can you serve California?

What is the purpose of a motion to compel?

What is motion to compel further responses?

When can you serve interrogatories in California?

What is the deadline to file a motion to compel in California?

What is a motion to compel discovery responses?

How many times can you serve form interrogatories in California?

Are California Form interrogatories objection proof?

Do you need a separate statement for opposition to motion to compel?

Interesting Questions

1. What is a motion to compel?

2. Why would a plaintiff file a motion to compel?

3. How does a motion to compel benefit the plaintiff?

4. What happens after the plaintiff files a motion to compel?

5. How should the defendant respond to a motion to compel?

6. Can the defendant oppose a motion to compel?

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