Re: What happens at dicovery motion?

about whether either/both these requests were/weren't proper/improper
and so relatedly do not inform whether plaintiff's (non)response
was/wasn't justified.

The only reason I claimed what I claimed earlier in my post was due to
the fact that these requests were timely. Production of documents and
interrogatories were both timely and within my rights. I was asked for
the same by the plaintiff and I complied with both their requests in
timely and detailed fashion. Therefore, I expected them to do the same.
In fact, the attorney from the lawfirm after the CMC made a point of
telling me that they would have the answer to my request ready by the
so and so deadline date. They did not. I filed after a week had past
from the 35 days already given to them for the reply.

. . . after or without first conferring with opposing counsel to try
in good faith to resolve whatever was the objection to your discovery
requests? . . .

The opposing party has refused to talk to me. Their attorney has in the
past listened to my requests of settlements etc. and never replied. How
can I continue begging them for repsonse or contacting them with my
requests? I am sick of it and would rather go through the painful legal
process afforded to me under law than to deal with them directly.

It generally is not a good idea to move for relief a litigant believes
probably will not be granted.

I would like it to be granted and it might still be. In my supporting
pointing points I did list all the laws they have violated up till now
including all the relevant law refernces. I have done so in good faith,
as far as I read and understood the law. This I believe should be
suffiecient. However, judge may refuse to take such a severe point of
view as I have.

contend plaintiff violated persuasively answers the sorts of questions
summarized above - again, e.g., were your discovery demands timely?

Yes.

were your interrogatories and document production demand actually
relevant and not overbroad and not mostly harassing or otherwise
unduly burdensome? regardless whether you contend you experienced

Yes. I asked them for much less than what they asked me for. I merely
asked for the correspondence they claim I had with them and the
contract they claim I breached and the proof of the monies owed as I
have a reason to believe that the amounts they provide are wrong. I
need all these things to determine how strong a case I have before we
go through mediation (which will happen soon). I also need these
details to lay out my arguments for the trial itself. I basically NEED
most of these things.

Also, if the plaintiff's attorney deems anything burdensome then as far
as my legal understanding goes they have to, within a certain time
period, object to my demands being unreasonable or burdensome. They did
not notify me of any such thing. Therefore, I have a right to assume
that they are not going to comly to my request especially given their
track record of not informing me of hearing dates, making the summons
so vague such that even an attorney could not tell what the deadline
for answering was, the list goes on and on.

conclude that the adverse party or its lawyer deliberately violated
discovery requirements in a way that actually caused you
law-redressable prejudice? etc., etc. although you do not do any of

I think I tried to establish that by given the previous history and the
laws with which the other attorney did not abide by. Although, I have
trouble figuring out as to why anyone especially a lawfirm would not
abide by discovery. I understand that in all the previous cases when
they failed to provide me information, I could have missed imprtant
dates hence they could have asked for a judgement against me. Though,
why someone would not comply to discovery especially after they
directly tell the defendant that they will, is beyond me.

demands are proper by some court-directed date or, OTOH, you being
criticized for making your motions (or some combination of both).

Hmmm... I hope the judge will see my points. I did lay them out in my
memorandum of points and authorities. It would not make sense to me if
the judge does criticise but I think I can answer most of his criticism
with the appropriate laws and what my reading of them led me to
believe.

instance just at the demand and initial response/non-response stage is
to direct that discovery proceed as/when the applicable rules require.

I did not read that in the law. Under Civil code 2030.020, 2030.030(a),
2030.030(d)4 etc. I am allowed to ask for sanctions. It does not say
that I cannot the first time or the second time.

would have paid a lawyer, if s/he had a lawyer, would be very unusual
(and, in most cases, would be arguably improper) and the outright

I will argue this. This is wrong. If I could afford an attorney I would
do so. I am a student at a very good univerity studying towards PhD.
Any time taken from my work means delay in graduation hence the time
spent should be counted for what my worth is after graduation not now
since it affects directly my graduation.

Also in my opinion it is wrong for the law to only grant me the just
compensation, it would be encouraging people to hire attorneys to file
a motion in hope that they will win and be able to pay the attorney.
Also, I did not ask for funds. My case is a collection case and asked
for the funds to be taken off of the amount owed which I think is a
just request.

dismissal because of non-compliance with discovery requirements is
rarely granted and, when done, only on a showing of wilfulness
tantamount (or amounting to) contempt of court.

I just feel a little cheated. As a defendant, if I miss a deadline or a
date then I could be in danger of getting a judgement against me.
Whereas an attorney whose whole profession is to abide by laws and to
make sure people abide them too, can easily get away with paying no
heed to them. This is just wrong.

.

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