"In California, a defendant can serve discovery at any time after the case has been filed, without having to wait for the other side to respond or for any specific event to occur. This differs from a plaintiff, who must wait 10 days after serving the first papers or after the defendant responds to begin discovery. "
This case from 1937 sets the stage for appeals of "administrative decisions" to superior court. Constitutionally superior court is not permitted to "review" an administrative decision. That seems clear in the ruling. This ruling makes clear many of the issues of a 'review' of a administrative decision.
Collier & Wallis, Ltd., v. Astor
https://scholar.google.com/scholar_case ... s_sdt=2006
Post v. Palo/Haklar & Associates
https://scholar.google.com/scholar_case ... s_sdt=2006
So, what occurs must be a "trial de novo. Since YOU were cited, you are the defendant. In the trial de novo you are the defendant. You are 'contesting' the allegations but bottom line is that you are the defendant.
As you can read here, the procedure is a "trial de novo." You are the defendant and appellant. Make absolutely certain you caption your request so that YOU are defendant and appellant. Its really not an appeal at all, its a trial de novo. You pull the trigger for a trial de novo by filing the request.
https://scholar.google.com/scholar_case ... s_sdt=2006
Legislature could have done whatever they wanted. They could have made this a small claims case. They didn't. They made them limited civil cases. Therefore you are entitled to all the procedure of a limited civil case.
As soon as you file "request for trial de novo" you can serve discovery as there is no waiting period for the defendant.
https://leginfo.legislature.ca.gov/face ... article=2.
See downloads section for several rulings permitting discovery.
- http://www.administrativecitation.com Board index
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