Jeffmal said:
I am representing my self in a personal injury case in California Superior Court. Over nine (9) weeks since I served my response to Defendant's request for documents, I received a letter claiming that many of my responses were non-responsive and incomplete. If I choose not to respond, is defendant barred from filing a motion to compel because more than 45 days has passed since my response was served? Would you advise a response to this letter, or does that in and of itself open up an opportunity for Defendant to file a motion to compel?
Thank you for your response.
My response:
A motion to compel further responses must be served within 45 days after service of the response in question (extended if served by mail, overnight delivery or fax; see Ca Civ Pro § 1013). Otherwise, the demanding party waives the right to compel any further response to the Ca Civ Pro § 2031 demand. [Ca Civ Pro §§ 2031(m), 2019(e); see Sperber v. Robinson (1994) 26 Cal.App.4th 736, 745, 31 Cal.Rptr.2d 659, 664]
The 45-day time limit is mandatory and "jurisdictional" (court has no authority to grant a late motion). [Sexton v. Sup.Ct. (Mullikin Med. Ctr.) (1997) 58 Cal.App.4th 1403, 1410, 68 Cal.Rptr.2d 708, 712 - - late-filed motion to compel must be denied where objection raised at hearing even if omitted in opposition papers]
The 45-day deadline runs from the date the response is served, not from the date originally set for production or inspection. [Ca Civ Pro § 2031(m); Standon Co., Inc. v. Sup.Ct. (Kim) (1990) 225 Cal.App.3d 898, 903, 275 Cal.Rptr. 833, 835]
Extension for service by mail, overnight delivery or fax: The 45-day deadline is extended for service by mail (5 days), overnight delivery or fax (2 days), in accordance with Ca Civ Pro § 1013. [Ca Civ Pro § 2019(e)]
In summary, if the 45 plus 5 days for mailing have passed, you don't need to respond to the letter, and you won't need to worry about a motion to compel. If they do file a motion anyway, oppose it on the jurisdictional grounds stated above.
IAAL
