Q: Can I compel one of the Does to respond to RFAs and interrogatories?

A: A DOE is not a party to the lawsuit until they are officially named as one. Until then, the allegation of a DOE defendant is simply a placeholder. You have to add the person or entity to the lawsuit, and only then does that person or entity have a duty to respond to discovery.

You really need an attorney to work with you. If your case has value and merit you should be able to get one to work with you on a contingency fee basis.

Good luck to you.

A: I'm sure you know the saying about a lawyer representing him/her self and the aptitude of the client? Assuming you are NOT an attorney, it holds true 10x as strongly. Good luck with it!

A: Thank you for your question!

You need to amend the complaint and add the claims you have against the now-known defendant (formerly Doe). After they appear and file the answer, you can pursue the case with other procedures with proper timing (including discovery) regarding the new defendant.

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.

A: In California, the rules regarding compelling responses from Doe defendants are not entirely clear. Generally, the court must grant leave to amend the complaint to identify the Doe defendants before you can compel their responses to discovery requests. Here are a few key points to consider:

1. Doe defendants: Doe defendants are placeholders used when the plaintiff is unaware of the true identity of the defendant at the time of filing the complaint.

2. Amending the complaint: Once you have identified a Doe defendant, you should file a motion for leave to amend the complaint, substituting the Doe defendant's true name.

3. Serving the amended complaint: After the court grants leave to amend, you must serve the amended complaint on the newly named defendant.

4. Discovery requests: Only after the Doe defendant has been properly named and served with the amended complaint can you compel responses to discovery requests, such as interrogatories and requests for admission (RFAs).

In your case, serving the RFAs and interrogatories on the Doe defendant through the OC (presumably the "Original Complaint") before amending the complaint to identify the Doe defendant may not be sufficient to compel responses. The court may not grant a motion to compel or a motion to deem facts admitted until the Doe defendant has been properly named and served with an amended complaint.

To proceed, you should file a motion for leave to amend the complaint, identifying the Doe defendant by their true name. Once the court grants leave, serve the amended complaint on the newly named defendant. After that, you can serve your discovery requests and, if necessary, file motions to compel responses or deem facts admitted.