UD sent a INTERROGATORIES–UNLAWFUL DETAINER to my ladlord

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How many days do they have to reply and get it back to me? Is there a set number of day for me to look it over before trial?

Attorney Answers

3
Alfred Freitas ·
The answer depends on how the interrogatories were served on the plaintiff. Generally, discovery must be answered within 5 days after service if personally served on the plaintiff or his attorney by a person not a party to the action. If served by overnight mail service (incl. Fedex, UPS, or Express mail) the time to respond is 7 days. If served by ordinary mail the time to respond is 5 days after mailing plus 10 additional days. All discovery must be served in sufficient time for the responding party to reply at least 5 days prior to trial.
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Frank Chen ·
If you mailed the interrogatories, the landlord has a total of 10 days to respond (5 days, plus 5 days for mailing). In California, written discovery is permitted in unlawful detainer cases. The major difference between a regular civil case is that the responses are due in 5 days instead of 30 days. “In unlawful detainers, responses are due within 5 days after service of the discovery (rather than the normal 30 days in regular civil actions) on the propounding party’s motion.” (Rutter Group Practice Guide on Landlord-Tenant 8:429.) Also, there is a “special” cut-off for discovery in unlawful detainer actions. However, there is no pretrial cut-off on the hearing of discovery motions in unlawful detainers, so long as the hearing occurs before trial because Code of Civil Procedure section 1170.8 states the motion may be made at “any time” subject to the giving of 5 days notice. (Rutter Group Practice Guide on Landlord-Tenant, 8:431.2.)
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Kevin Sullivan ·
5 days plus five days for mailing to answer interrogatories in a UD proceeding.
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