guess who's coming to dinner? the defense?? legal?

[oracle117]

What is the name of your state? california

personal injury case. pro per (the "p" word)

i had a deposition scheduled at the defense attorney's office ~70 miles or so from here and was unable to go. i gave proper notice and provided a doctor's letter explaining.

now i get a notice in the mail from the defense that they have re-scheduled a deposition for christmas eve at MY HOUSE! is that legal? or just poor etiquette to invite yourself to my house to depose me without asking me?

in the same envelope, they included a subpoena to depose one of the witnesses (a relative who was with me when the accident occurred) and a note telling me to serve it on her. (they have her name, phone and address as well as a witness statement and her full cooperation so it is not like they can't find her) is that proper to tell me to serve their subpoena on her?


thanks for the help!!!

p.s. what does one serve when the defense comes for dinner?

 

[I AM ALWAYS LIABLE]

My response:

You write a very nice letter to the attorney telling him that while the applicable code is silent concerning the use of a litigant's private property in the litigation process, your home is private and not for his usage in the instant litigation. You further inform him that your right to privacy in your home is recognized in Calif. Const. Art. I, § 1. The right to privacy is also guaranteed by the U.S. Constitution. [Griswold v. Connecticut (1965) 381 U.S. 479, 484, 85 S.Ct. 1678, 1681; Palay v. Sup.Ct. (County of Los Angeles) (1993) 18 Cal.App.4th 919, 931, 22 Cal.Rptr.2d 839, 847]

You ask him to schedule a new place for the deposition, and to withdraw his current Notice of Taking Deposition (or Subpoena) by(date - - usually 5 days). If he fails to do so on or prior to that date, you will thereafter immediately file a Motion for a Protective Order and request monetary sanctions against him and his client.

Additionally, you tell him to serve his own witnesses; that you're not his process server.

IAAL

 

[oracle117]

THANK YOU THANK YOU THANK YOU!!!

thaaaaaannnnnnkkkkssss!!!!! i greatly appreciate it!!!! i am the pro per against the corporate chain store and they try to pull things over on me. i will be so thrilled to know what to say back to them this time!!!!!

i wish i was not pro per, but i can't get anyone to take the case this far along... i get the "if only you came to me sooner, you have a great case!!" they say they want to handle cases from the start and not take over from a pro per. so i am doing the best i can with the trial in january.

this board and "i m always liable" are the greatest help!! thanks!!!!! thanks!!!!!!! thanks!!!!!!

i am soooooooo excited to have the answer!!!!!! some things like this you can't find the answer to in the rules or codes...at least i couldn't!!!


thanks!!!!!!!!