Pre-trial discovery has its place and purpose in civil matters. Attorneys engage in discovery to gather evidence and prepare for dispositive motions and trial. However, unlawful detainer actions are expedited since possession is the issue and California law allows for an expedited trial process so that a landlord’s possessory interest can be restored as soon as allowable by law.
Because the discovery process takes time, the question for landlords is whether propounding discovery on tenants fighting an eviction action, is the prudent thing to do. Generally, on a failure to pay rent eviction action, wherein the Landlord’s case is premised on the written lease and proper delivery and execution of the 3-day notice, discovery isn’t essential to secure a judgment for possession even in the event of a trial. However, should a tenant’s answer include affirmative defenses such as inhabitability issues or certain breaches of the lease by the landlord, then propounding discovery upon the tenant could prove helpful in formulating rebuttal arguments to those defenses.
Because the unlawful detainer proceeding is expedited, discovery in eviction actions are also expedited in that response times are shortened so that landlords and tenants can get discovery responses in time for the expedited trial. Thus, landlords should plan their litigation and trial strategies based upon the affirmative defenses and other issues raised in the answer.