For this reason, it is imperative to always have an agreement to extend the motion to compel further response deadline for all discovery responses to a date certain. The motion to Compel is essentially arguing about form over substance as the motion to compel was filed merely because the moving party does not like the answers, The interrogatories clearly do not relate to the claim or defense of the party seeking discovery or of any other party to the action as required by Code of Civil Procedure section 2017.010, and. Discovery. 3d 486] real party in interest's response to the . % Therefore, it could also be argued that when a party serves only objections to propounded discovery, without substantive verified responses, then a motion to compel further discovery responses would be proper (creating the duty to meet and confer and serve notice of motion to compel further discovery responses within 45 days from the date that the discovery responses were served). opposition to motion to compel california separate statement. << /P 0 On the other hand, if objections, as well as unverified substantive discovery responses are served by Defense counsel in response to Discovery propounded by Plaintiff, then a motion to compel Defendants discovery responses should be the proper motion to file because per Appleton, an unverified or unsworn response is tantamount to no response at all. reply to opposition to motion to compel california. : October12, 2007 9:00 a.m. 1 All rights reserved. /Size 53 Why You Need to Bring that Motion To Compel Further Responses to Interrogatories. 9 0 obj H|Rn0G?>`c'@OQQKzMQ. %PDF-1.6 % "Requests for Admissions; Motion to Have Admissions Deemed Admitted", Rule of Court Changes for Remote Depositions, You Harm Your Clients Interest When You Craft or Transmit Evasive Discovery Responses. 303 0 obj <>stream /Root 41 0 R There is no meet and confer requirement for filing a motion to compel discovery responses. Opposition to Motion to Compel Discovery Superior Court of California Contra Costa Timing 9 Court Days Before the Hearing All opposition papers must be filed and served at least 9 court days before the hearing. 0000005746 00000 n The opposition to a motion in California must be filed and served at least nine (9) Court days before the hearing unless the Judge has ordered otherwise. AND/OR FOR THE APPOINTMENT OF A SPECIAL MASTER #617 Defendant Google Inc.'s Corrected Opposition to Plaintiff Perfect 10, Inc.'s Motion for Evidentiary and Other Sanctions Against Google and/or for the Appointment of a Special Master [PUBLIC REDACTED] filed by Counter Claimant Google Inc, Defendant Google Inc. (Herrick, Rachel) (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration >> the imposition of the sanction unjust. Qmcmcamr tent ),Q ,##,+W+,&, pmrsifnk gmk`vmry ir ivmrf`let cn`k. See Gault v. Nabisco Biscuit Co., 184 F.R.D. /T 62840 On October 30, 2019, Glassdoor filed its opposition to Payward's motion to compel Glassdoor's compliance with the subpoena. << A motion to compel asks the court to order either the opposing party or a third party to take some action. >> /Parent 2 0 R Adding to the confusion, the code sections providing for when a motion to compel further discovery responses may be brought, include the scenario where: An objection to [a discovery request] is without merit or too general. (Code Civ. << stream App. Supplemental Response (provide dates): State any supplemental response verbatim. 0000004024 00000 n the court may allow the moving party to submit a concise outline of the discovery In lieu of, or in addition to, this order, the court may impose a monetary sanction 52 0 obj CRC Rule 8.60(a) 2 : . 1 views . (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion reply to opposition to motion to compel californiadoes keegan allen have a child 26th February 2023 . Prac. 8 0 obj /PageLayout /OneColumn 3d 313 (pdf), 316. trailer << very brief. /Annots [] This sample opposition to a motion to compel further responses to requests for production of documents in California is made on the grounds that the requests for production of documents are objectionable in that the documents requested clearly do not relate to the claim or defense of the party seeking discovery or of any other party to the action as required by Code of Civil Procedure 2017.010, and on the further grounds that the requests for production of document are unduly burdensome and oppressive in that the particular documents requests are not specifically described and the categories are not particularized as required by California law, and that the moving party failed to make a reasonable effort to meet and confer. endobj In Appleton, Plaintiff propounded discovery on Defendant. /Pages 38 0 R > . If you have not received responses to your Requests for Admissions, then you can file the motion. You dont have to meet and confer. (c) Unless notice of this motion is given within 45 days of the service of the verified Does the 45-Day Rule Apply when no Privilege Log was Served. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. %%EOF >> (2) In lieu of a separate statement required under the California Rules of Court, would need to file a motion to compel further responses, which is not described in this Guide. First, take a deep breath. 12 0 obj https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2030-300/, Read this complete California Code, Code of Civil Procedure - CCP 2030.300 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. specifies the date, time, and location where the hearing will take place, spells out what the party is requesting, and gives a . /Resources 37 0 R Richard Burman, Managing Partner 02Nov2020. Proc., 2030.300(c) (Interrogatories); 2031.310(c) (Inspection Demands); 2033.290(c) (Requests for Admission).) 2005 California Code of Civil Procedure Sections 2030.210-2030.310 Article 2. to compel further response, unless it finds that the one subject to the sanction acted response, or any supplemental verified response, or any specific later date to which There are no time limitations in bringing the motion. Your declaration in opposition to the motion(s) will provide evidence of your emails asking for a further extension of time, as well as evidence that you did respond to the discovery as soon as practicable. However, this is a draconian point of law, and some judges may or may not agree. /MediaBox [0 0 612 792] TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 281 0 obj <>/Filter/FlateDecode/ID[<46DE9C27799081428D7417E74F82B6FE>]/Index[266 38]/Info 265 0 R/Length 89/Prev 320131/Root 267 0 R/Size 304/Type/XRef/W[1 3 1]>>stream Should you withdraw your motion if the other side has complied? Does the 45-Day Rule Apply when no Privilege Log was Served. If you strongly believe the interrogatories or requests are vague, ambiguous, overbroad and/or burdensome, this is the time to reach out to opposing counsel and explain in detail why you are having trouble responding to the discovery and give suggestions on how they should rewrite the interrogatories and/or requests. 0 0000001404 00000 n endobj On December 29, 2010, defendants filed an opposition. Follow the same advice given in the previous blog What Your Discovery Motion Should Look Like.However, one additional piece of advicethough the code does not require it, you should prepare your own Separate Statement of Items in Dispute (pdf). Notably, for a motion to compel further discovery responses, there is a strict 45-day deadline to serve notice of motion to compel further discovery responses; as well as a strict meet and confer requirement prior to filing of the motion. Contact us. % DSBlank /Annots [41 0 R 42 0 R 43 0 R] x+ | That the opposing party has already provided adequate responses to the interrogatories. stream << (Plaintiff's Motion, p. CCP 1005 (b) (amended eff 1/1/23). responses has delayed your case. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. /Info 39 0 R Under Paragraph 9 of the Court's Scheduling Order, the deadline for Respondents to file a motion to compel was - 3 the court may allow the moving party to submit a concise outline of the discovery << (a) On receipt of a response to interrogatories, the propounding party may move for Click the on our main page to search for what you are looking for. /Contents [38 0 R 39 0 R 40 0 R] (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion date to which the propounding party and the responding party have agreed in writing, 40 0 obj No. endobj BACKGROUND On February 6, 2014, a Commission Notice Regarding Further Process was issued that, among other things, provided a statement of the scope of this proceeding. for admission, the court may order that the matters involved in the requests be deemed /Parent 2 0 R If Plaintiff files the forgoing motion, (b) it must be accompanied by a meet and confer declaration pursuant to Code of Civil Procedure, section 2016.040, which provides that facts shall be stated which show a reasonable and good faith attempt at an informal resolution. request and each response in dispute. Current as of January 01, 2019 | Updated by FindLaw Staff. /Linearized 1 endobj The Notice stated The purpose of a motion to compel under the Federal Rules of Procedure is to compel a response if "a party fails to respond that inspection will be permittedor fails to permit (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. 266 0 obj <> endobj 4 0 obj Q&A - Oppositions See Moskowitz v. Superior Court (1982) 137 C.A. admitted. ********************************* 1. 2004).) /Parent 2 0 R You need to be very specific in the law and the applicability of the law to your case if you are not responding to the discovery on claims of privilege, work product and/or privacy. /Author Copyright 2023, Thomson Reuters. For further discussion of motions to compel further responses to discovery, see California Civil Discovery Practice 15.30-15.58. Note that the author is NOT an attorney and no guarantee or warranty is provided. /O 42 Be sure to consider any prior agreements entered into with opposing counsel to extend the time to compel. 4th 758(pdf). Do this in writing as soon as possible. /N 8 It provides an overview of the meet and confer requirements, standards for compelling discovery, and discusses the procedural steps for making a motion to compel discovery. Response to Interrogatories . >> Why You Need to Bring that Motion To Compel Further Responses to Interrogatories. Occasionally a Motion, Opposition, or . Using discovery to reach evaluation, mediation and trial goals. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. In Sacramento, the . Dont forget to request sanctions yourself for all the time you have spent in trying to come to a resolution and in opposing the motion. Motion to compel further discovery responses. endobj Dept. >> /Contents [28 0 R 29 0 R 30 0 R] /Font 44 0 R (Leach v. Super. T /Contents [20 0 R 21 0 R 22 0 R] The sample is 14 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. Los Angeles, California 90049 . 2741 this document relates to: all actions nonparty jesudoss rowland's opposition to plaintiffs' motion to compel responses from deponent jesudoss rowland date: may 11, 2017 time: 2:00 p.m. (pacific) under Chapter 7 (commencing with Section 2023.010). Please ask at the Reference Desk for information on that procedure. PnBN:Q8IvvLs-S4ig2Dwe'V 0TNQdDpOhSWG3!U /Length 416 It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion. 4. It states: If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). under Section 2016.040. /Annots [35 0 R 36 0 R] FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. See Code of Civil Procedure 5 6 Section 1005 for more details. It also has legal malpractice overtones to it because someone screwed up by not getting the answers in on time and the ramifications for their client are harsh. Using these dates, calculate and calendar the last day to file a motion to compel further responses. 26 . Where responses have been provided to propounded discovery requests, but those responses are deemed insufficient, the following law provides a basis for a motion to compel further responses: Pursuant to Code of Civil Procedure, sections 2030.300 (interrogatories) 2031.310 (demands for production), 2033.290 (requests for admission), (a) upon receipt of Defendants verified discovery responses, Plaintiff may move for an order compelling further discovery responses if the responses (1) are evasive/incomplete; (2) documents produced pursuant to Code of Civil Procedure, section 2030.230 is unwarranted/inadequate; or (3) objection is without merit/too general. Current as of January 01, 2019 | Updated by FindLaw Staff. Stay up-to-date with how the law affects your life. 3. (2) An objection to a particular request is without merit or too . 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