Discovery in Unlawful Detainer Actions

You may be asking yourself . . . What?!

Discovery is the process by which opposing parties to a lawsuit get information about the litigation from the other parties (and sometimes non-parties). The information is sought through discovery devices like interrogatories, depositions, requests for admissions, and requests for production.

The California Courts provide form interrogatories for an unlawful detainer action.

And the California Code of Civil Procedure specifically addresses discovery in unlawful detainers. For example, section 2031.020 states that a "defendant may make a demand for inspection, copying, testing, or sampling without leave of court at any time." But a plaintiff in an unlawful detainer action may make a demand for inspection, copying, testing, or sampling without leave of court at any time, five days after: (1) service of the summons on the answering party; or (2) appearance by the answering party, whichever occurs first.

The astute landlord ought to know the procedure and the time-lines for discovery in an unlawful detainer action.