Washington, DC asked in Contracts for California

Q: In the interrogatory, the defendant provided false answers. How should one proceed?

In the interrogatory, the plaintiff asked whether the defendant signed the lease, and the defendant responded 'no.' However, the plaintiff possesses the lease signed by the defendant using DocuSign. How should one proceed? Can I request the court to impose sanctions?

Related Topics:
2 Lawyer Answers

A: Thank you for your question!

You can file a motion to compel the defendant to provide the true answers. Attach the signed lease as the supporting evidence for the defendant's untruthfulness.

You can also seek sanctions. If the discovery response is verified, it is also perjury.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California law, if a defendant provides false answers in an interrogatory, you have several options to address this. Since you possess the lease signed by the defendant via DocuSign, you can present this evidence to the court to demonstrate the falsehood of the defendant's response. This can be done by filing a motion to compel further responses, attaching the signed lease as proof.

Additionally, you can request the court to impose sanctions against the defendant for providing false information. Sanctions can include monetary fines or other penalties deemed appropriate by the court. To pursue sanctions, you would need to file a motion detailing the false statements and the supporting evidence, and the court will then review and decide on the appropriate action.

It is essential to act promptly and follow the proper legal procedures to ensure the court addresses the issue effectively. Consulting with a legal professional can provide guidance tailored to your specific situation and help you navigate the process smoothly.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.