San Diego California Demand for Discovery in an Action for an Accounting

State:
Multi-State
County:
San Diego
Control #:
US-L0107C
Format:
Word; 
Rich Text
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Description

This document is the plaintiff's demand for discovery in a lawsuit filed by a former partner seeking an accounting of his former firm, when the partnership agreement did not provide for an accounting. It contains a request for production of documents.

San Diego California Demand for Discovery in an Action for an Accounting is a legal process that allows a party in a lawsuit to request information and documents from the opposing party to gather evidence relevant to the case. This demand is specifically used in actions related to accounting matters in the San Diego, California jurisdiction. The demand for discovery is a crucial step in litigation, as it helps parties obtain the necessary evidence to support their claims or defenses. By requesting the disclosure of specific documents or information, the demanding party aims to uncover financial records, transactions, statements, and other relevant information related to the accounting practices of the opposing party. In San Diego, California, the demand for discovery in an action for accounting can refer to different types, depending on the specific needs of the case: 1. General Demand for Discovery: This refers to the broad request for information relevant to the accounting aspects of the case. It may encompass financial statements, bank records, tax returns, invoices, receipts, ledgers, and any other documents that shed light on the financial activities in question. 2. Specific Demand for Discovery: In some cases, parties may require certain specific documents or information that they believe will be significant to their case. This demand can target particular records, such as specific bank statements, contracts, balance sheets, or any other documentation that is directly relevant to the accounting issue at hand. 3. Interrogatories: Interrogatories refer to written questions that parties can ask each other as part of the discovery process. In the context of an accounting action in San Diego, California, interrogatories may seek detailed information about accounting procedures, financial controls, or any other relevant aspect of the opposing party's accounting practices. 4. Depositions: Depositions involve sworn testimony given outside of court, where the deponent (person testifying) answers the opposing party's questions under oath. Depositions can be used to discover accounting-related facts or elicit information from key individuals, such as accountants, auditors, or financial officers. Keywords: San Diego, California, Demand for Discovery, Action for an Accounting, accounting matters, legal process, evidence, party in a lawsuit, information, documents, litigation, financial records, transactions, statements, accounting practices, General Demand for Discovery, Specific Demand for Discovery, Interrogatories, Depositions.

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TRIAL. Discovery Closes (with the exclusion of expert lists, and expert depositions) 30 days before trial, or after non-binding arbitration. CCP 2034.210; CCP § 1141.24. Experts Must Be Demanded 70 days before trial (or within 10 days of setting trial date, whichever is closer to trial date).

CALIFORNIA CODE OF CIVIL PROCEDURE § 1985.6(b)(2) & (3). Must be served on records custodian 15 days before date of production. Respond to Written Discovery 30 days (+5 days if questions were mailed). Practical Last Day to Serve Discovery (and be able to make a motion on it) 90-100 days before trial.

Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, tangible thing, or land or other property.

(b) Except as provided in Section 2030.070, no party shall, as a matter of right, propound to any other party more than 35 specially prepared interrogatories. If the initial set of interrogatories does not exhaust this limit, the balance may be propounded in subsequent sets.

C.C.P. Section 1010.6 extends certain deadlines to act or respond by two court days when the triggering document is served electronically.

Discovery in civil cases (like a California personal injury case) is a process where both sides, plaintiff (person hurt), and the defendant (person defending the injury claim), can obtain information from each other to help not only build a case or defense, but also to prepare evidence for a jury trial, if necessary.

You have 30 days after the form or special interrogatories were served to you (35 days if served by mail from within California) to serve your responses to the interrogatories.

Discovery generally ends on a date set by the court. More specifically, it can end on a date picked by the parties and approved by the judge, or it can end on a date calculated based off of the date trial is set to begin. The end of discovery is commonly called the discovery cut-off.

An action for an accounting is an equitable cause of action. As discussed below, for statute of limitations purposes, the cause of action for an accounting must sometimes be distinguished from the remedy of an accounting.

A Defendant may serve discovery at any time. (CCP §2030.020). A Party has 30 days to respond to written discovery. For example, if you serve a Complaint on Defendant on April 01, then you can propound discovery on Defendant on April 11.

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James W. Galloway and George Donart for Appellant and Cross-respondent. If it is not accurate, it is likely that discovery is needed to gather further information.How to fill out the Schedule of Assets and Debts. Tags: San Diego , Hardware Asset Management. Feedback. Accountant to make binding findings about the key accounting disputes in a civil litigation. 19 pagesMissing: San ‎Diego When a translation is complete, you assume the risk of any inaccuracies, errors or other problems encountered. Superior. Court (Rocher), 34 Cal. MARTINA N. All BRANDI. Resubmitting a form will not expedite your request.

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San Diego California Demand for Discovery in an Action for an Accounting