A request for production of documents in California unlawful detainer (eviction) cases are the topic of this blog post. The production of the original documents for inspection and copying may also be made depending on the facts of the individual case.
California law specifies that in an eviction case that a defendant may serve requests for production of documents at any time after being served with the summons and complaint.
The Economic Litigation rules that restrict discovery in limited civil cases do NOT apply to unlawful detainers pursuant to Code of Civil Procedure § 91(b). This means that theoretically at least there is no limit on the number of documents requested although as a practical matter asking for documents that are not relevant to the issues involved in this case is a bad idea.
Plaintiff must wait until at least five days after service of summons or once a defendant has made
a general appearance, unless leave of court is obtained. See Code of Civil Procedure § 2031.020(c) and (d). A defendant can serve the requests once they have been served with the summons and complaint.
The party who must produce the documents must be given at least five days from the date of service (10 days if served by mail) to respond unless the court shortens or extends the response time. See Code of Civil Procedure § 2031.260(b).
Requesting production of certain specified documents is very helpful to a tenant who contends that the landlord has ignored their notices regarding habitability issues with their rental, or any other affirmative defense in which the production of documents by the landlord is desired.
Attorneys or parties who wish to view a portion of sample requests for production of documents for a California eviction that are sold by the author can see below.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.
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Copyright 2013 Stan Burman. All rights reserved.
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.