In California a good unlawful detainer attorney will request discovery from the opposing party before proceeding to trial.  Discovery is the process through which each party learns of the other party’s evidence before trial so that they know how to prepare for trial.  Unfortunately, the time frame for unlawful detainer actions is very fast so often times, unless the party requests discovery as soon as the answer is filed, there may not be enough time to gather the information before trial.  In those circumstances, where there really is not enough time to conduct pre-trial discovery, the parties should consider sending a notice to produce.

According to California Code of Civil Procedure section 1987(c), 20 days before trial a party can serve a “notice to produce” on another party requiring that party to appear as a witness at trial and to produce documents or exact materials at trial.  Because the landlord in an unlawful detainer trial has a right to a trial within 20 days of the time the defendant files an answer, this can also be a difficult procedure to utilize.  But, often times more than 20 days pass before the unlawful detainer trial actually occurs so it is generally worth sending a notice to appear and produce in addition to discovery.  That way you will have two different methods of determining the information and documents the other side has and can request specific items that will be helpful to your own case at trial.

For more help with your unlawful detainer, contact Schorr Law, www.schorr-law.com, zschorr@schorr-law.com, 310-954-1877.