This document is the plaintiff's demand for discovery in a lawsuit filed by a former partner seeking an accounting of his former firm, when the partnership agreement did not provide for an accounting. It contains a request for production of documents.
San Diego California Demand for Discovery in an Action for an Accounting
State:
Multi-State
County:
San Diego
Control #:
US-L0107C
Format:
Word;
Rich Text
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How to fill out Demand For Discovery In An Action For An Accounting?
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FAQ
TRIAL. Discovery Closes (with the exclusion of expert lists, and expert depositions) 30 days before trial, or after non-binding arbitration. CCP 2034.210; CCP § 1141.24. Experts Must Be Demanded 70 days before trial (or within 10 days of setting trial date, whichever is closer to trial date).
CALIFORNIA CODE OF CIVIL PROCEDURE § 1985.6(b)(2) & (3). Must be served on records custodian 15 days before date of production. Respond to Written Discovery 30 days (+5 days if questions were mailed). Practical Last Day to Serve Discovery (and be able to make a motion on it) 90-100 days before trial.
Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, tangible thing, or land or other property.
(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.
C.C.P. Section 1010.6 extends certain deadlines to act or respond by two court days when the triggering document is served electronically.
Discovery in civil cases (like a California personal injury case) is a process where both sides, plaintiff (person hurt), and the defendant (person defending the injury claim), can obtain information from each other to help not only build a case or defense, but also to prepare evidence for a jury trial, if necessary.
You have 30 days after the form or special interrogatories were served to you (35 days if served by mail from within California) to serve your responses to the interrogatories.
Discovery generally ends on a date set by the court. More specifically, it can end on a date picked by the parties and approved by the judge, or it can end on a date calculated based off of the date trial is set to begin. The end of discovery is commonly called the discovery cut-off.
An action for an accounting is an equitable cause of action. As discussed below, for statute of limitations purposes, the cause of action for an accounting must sometimes be distinguished from the remedy of an accounting.
A Defendant may serve discovery at any time. (CCP §2030.020). A Party has 30 days to respond to written discovery. For example, if you serve a Complaint on Defendant on April 01, then you can propound discovery on Defendant on April 11.
