California Accounts, Inc. v. Superior Court

Opinion

THOMPSON, J.

Code of Civil Procedure'section 1013 extends the time for responsive action by a party to a lawsuit served by mail with a “notice or other paper.” The case at bench involves the narrow issue of the applicability of section 1013 to extend the time of a party to move to compel further compliance with self-executing civil discovery. We conclude that by reason of the expanded definition of “notice or other paper” adopted by California decisions, section 1013 is applicable.

[485]

Petitioner, plaintiff in a pending lawsuit, served interrogatories upon real party in interest, the defendant. On March 10, 1975, real party in interest served his answers to the interrogatories on petitioner by mail. On April 11, 32 days later, petitioner served and filed a motion to compel further answers to the interrogatories. Real party in interest objected to the motion, claiming that it was not made within the 30-day period required by Code of Civil Procedure section 2030, subdivision (a). Rejecting petitioner’s argument that Code of Civil Procedure section 1013 extended its time to move for further answers to 35 days, the trial court, on April 22, 1975, denied the motion for further responses as untimely filed.

Petitioner sought review of the ruling by petition for writ of mandate to this court. Noting that the issue was one of apparent first impression of importance to trial courts in the administration of discovery procedures, we granted an alternative writ.

Code of Civil Procedure section 2030, subdivision (a), states in pertinent part: “. . . If the party who has submitted . . . interrogatories deems that further response is required, he may move the court for an order requiring further response. Such motion must be upon notice given within 30 days from the date of service of the answers or objections [to interrogatories] unless the court, on motion and notice, and for good cause shown, enlarges the time....”

Code of Civil Procedure section 1013, subdivision (a), states in relevant part: “In the case of service by mail, the notice or other paper must be deposited in a post office, mailbox, sub-post office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service .... The service is complete at the time of deposit, but if, within a given number of days after such service, a right may be exercised, or act is to be done by the adverse party, the time within which such right may be exercised or act be done, is extended five days if the place of address is within the State of California....”