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Requesting production of documents in a California eviction case

Requesting production of documents in a California unlawful detainer (eviction) case is the topic of this blog post. A defendant in a California eviction may serve requests for production of documents at any time after being served with the summons and complaint.

Requesting production of specified documents can be 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. However, due to the short time frame in California evictions any discovery requests should be served as soon as an answer, demurrer, or motion to strike is filed as the discovery cut-off date for evictions is five (5) calendar days before trial pursuant to Code of Civil Procedure section 2024.040(b)(1).

While in some cases copies of documents should suffice production of the original documents for inspection and copying may also be demanded as well depending on the facts of any individual case.

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. It should also be noted that the author is now aware of any format or content restrictions on requests for production of documents, whether in a California eviction, or any other type of California litigation.

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).

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).

Attorneys or parties who wish to view a portion of sample requests for production of documents for a California eviction sold by the author can see below.

 

Attorneys or parties in California that would like more information on a California eviction litigation document package containing over 25 sample documents including sample requests for production of documents for a California eviction can use the link shown below.

California eviction litigation document package

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

If you enjoy this blog post, tell others about it. They can subscribe to the author’s weekly California and Federal legal newsletter by visiting the following link: http://www.legaldocspro.net/newsletter.htm

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

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.

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2 Responses

  1. Are your services available as paralegal? If not, can you refer me to a paralegal who can do research for me? Thanks.

    Like

    • Thank you for your inquiry. Unfortunately I am unable to assist you as I do not work directly for the public. I suggest finding a legal document assistant in your area who is familiar with working on eviction cases.

      Like

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