Discovery is a way to obtain information from the other side to help prepare for trial and minimize the chances of an unexpected surprise at trial. Discovery is an optional phase of the California unlawful detainer eviction process. If either the landlord or tenant sends discovery questions to the other side, responses will be required by the answering party, and the time period for which to respond to discovery questions is short.

Full discovery is permitted in all unlawful detainer proceedings. The “Economic Litigation” rules (CCP § 90 et seq.) restricting discovery in limited civil cases do not apply to unlawful detainers. (CCP § 91(b)) Both the landlord and tenant may utilize all available discovery devices authorized by the Civil Discovery Act. (CCP § 2019.010). Special statutes shorten the normal discovery time frames otherwise applicable in general civil actions. Discovery can ask the other side to answer relevant details about the tenancy, to produce documents relating to the tenancy, and to admit or deny certain facts.

There are several forms of discovery, but the four main types of discovery in California unlawful detainers are:

 Interrogatories

 Inspection of Documents

 Requests for Admissions

 Depositions

Third party discovery tools also are available in California Unlawful Detainer actions, to obtain information from individuals or entities who are not parties to the litigation. For example, in a case involving California Health and Safety Code violations, a party may obtain records from Code Enforcement through a public records request to the city agency handling the records

In eviction cases, discovery must be completed on or before the 5th day before trial. Parties have five days to respond to discovery served by personal service. Add five days to that timeline if discovery is served by mail. A landlord may want to send discovery questions to the tenant to find loopholes in the defenses that the tenant raised in his or her answer.

The landlord may try to establish that the tenant committed the allegation being asserted in the complaint. The landlord may also use discovery to rebut the tenant’s warranty of habitability defense or to determine the names of all people living at the rental unit. The tenant can use discovery questions to show the Notice to Vacate was not properly served, or to establish show bad faith on the part of the landlord for not having a specific reason for the eviction that falls within a list of justifiable circumstances.

When used properly, discovery can help bolster a party’s claims or defenses. There are, however, downsides to employing discovery tools in an unlawful detainer case. The major downside is that discovery increases the cost of the litigation for both parties. There is also a possibility that a trial may be delayed pending discovery, which is why it is important to begin discovery at the earliest opportunity during the case. Thus, while both landlord and tenant have the right to use discovery in California unlawful detainer actions, the decision on whether or not to proceed with discovery should not be taken lightly.

At Lynx Legal Service, help on any of these issues is simply a click or phone call away. Email [email protected] or call our office at (888) 441-2355 to discuss your questions or if you are ready to start a case.