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    struck78's Avatar
    struck78 Posts: 5, Reputation: 1
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    #1

    Aug 13, 2009, 05:33 PM
    I sent discovery 30 days ago certified mail and have proof.
    When can a defendant file a motion to dismiss in California for failure to respond discovery?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 13, 2009, 05:50 PM
    You can file at any time, but it's not likely to be granted until a hearing. Basically plaintiffs do this all the time. They do not have to produce verification until the hearing.
    struck78's Avatar
    struck78 Posts: 5, Reputation: 1
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    #3

    Aug 13, 2009, 06:16 PM
    Thanks for your answer. I thought that the law in California permitted to file a motion to dismiss with prejudice after 30 calendars days of sending them a discovery interrogatory with certified/signature return mail. This is in California.

    Now what would happen if I did not answer their discovery in the same amount of time after being served? Would all answers be deemed accepted. Thank You for your answer.
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