motion to compel discovery responses california

All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. The court must rule on the motion as if the party had appeared. Of course if you are on the receiving end of the motion to compel, youll need to know your deadline for opposing the motion, the format for doing so, etc. Calendar days include weekends and holidays, but if the final day lands on a weekend or . Note: Identify the interrogatories in question by name and set number. Code Civ. California Code of Civil Procedure section 2016.040 requires that parties meet and confer in a "reasonable and good faith attempt at an informal resolution of each issue presented by the [discovery] motion." . 6 0 obj {)-qeMFF.@WEA7}dU@@P}0PN?7wJlmR1RGMuB':ccSJF@024P;v2 LSe"UCSSu^m=Yg|lic>z ;\J pYP Compelling Further Response Request for Admission: [CCP 2033.290(d)]. Your content views addon has successfully been added. MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS 17 0 obj ), The statute contains no time limit for a motion to compel where no responses have been served. Proc., 2030.290(b), 2031.300(b), 2033.280 (a party who fails to serve a timely response to a request for admission); Leach v. Super. On March 2, 2020, Plaintiff continued the Motions to April 28, 2020. 1013 or 1010.6C.C.P. relies on Litigation By The Numbers (LBTN), the essential California civil practice guide updated twice yearly. *VK:aXE&PkcDDYH*Ox00>"kMwGY)vMGjP0]1=$&x |"jn8zS$NNuY-xKesGXYY3]*\qzp=C{ekG[(|hqL&2b*z&&bgS2MDT4&1U#JeF =;?x%mYAoz{3( T_oJVFX?x~JP8jj8 `5\"Yj4Po1:@D-q4X Z _#Z$ epBn@n0_^zK~suDoaix'6wnzzD][3Ve@tn n OPPOSITION TO MOTION TO COMPEL FURTHER REPONSES TO REQUESTS FOR DOCUMENTS f 1 BEFORE THE HEARING. hb```NaB `."Ig&*R^b") HI/`n`i l 8Ma`x|Hs1*e.]"]l-Yg@@lFpw10J~b0 >0Q endobj Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. I received an opposition to my motion to compel discovery. %PDF-1.6 % Although the California Civil Discovery Act does not require a meet and confer prior to filing a motion to compel initial responses, See CCP 2031.300, on [Date], Plaintiff sent a Meet and Confer Letter to Defense Counsel, ruesting verified substantive responses, eq unilaterally allowing additional days to provide verified substantive responses. These consequences can be eliminated by using LBTN, which pulls together the C.C.P., C.R.C., and Judicial Council forms for commonly-encountered tasks in California state court civil litigation cases, and explains them, step-by-step. (Code Civ. Fortunately theres help: LBTN guides the reader through these steps. [and/or] (2) An objection to a particular request is without merit or too general. +7e EM4M0 1264 0 obj <>stream <>/Metadata 134 0 R/ViewerPreferences 135 0 R>> To date, no reply brief has been filed. ( 23 0 obj Legal Standard try clicking the minimize button instead. 1005(b)) Service must be made earlier if the papers are not personally served. Brian Leung v. Alireza Alivandivafa CASE NO. Proc., 2025.450(c)(1). when new changes related to " are available. Plaintiff Nicole Jacksons LLCs (1) Motion To Compel Further Responses To Form Interrogatories, Set One; Request For Monetary Sanctions; and (2) Motion To Compel Further Responses To Requests For Production, Set One; Request For Monetary Sanctio ..s to Compel Further Responses on September 12, 2019. 1228 0 obj <>/Filter/FlateDecode/ID[<5D648DF4CF0B8D4198F297B63189C2D3>]/Index[1204 61]/Info 1203 0 R/Length 117/Prev 414673/Root 1205 0 R/Size 1265/Type/XRef/W[1 3 1]>>stream This section titled Power of Court to Allow Motion to Submit Tardy Expert Witness states: (a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on a later date. [and/or] (2) An objection to a particular request is without merit or too general. 7}x[o822B,\p/f}_*MWKk+_|T_{S7 2=ei5[S[K=x;HMf u{nSS>^9T)9]V4bN5b0x{xR.LMz^MM_$AB&@0Nwf. April 30, 2021 2030.300(a).) TENTATIVE RULING: Last. It also briefly discusses responses to a motion to compel discovery. (2) A representation of inability to comply is inadequate, incomplete, or evasive. Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. Dept: Adding your team is easy in the "Manage Company Users" tab. ), Personal Injury Non-Motor Vehicle Unlimited, PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, 1 (d)(2), 2033.210, subd. endobj L.'P endobj Before moving to compel discovery responses, California law requires that the parties "meet and confer." . . ( %%EOF ), The demanding party shall be accompanied by a meet and confer declaration under 2016.040, or a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. Meet and Confer Declaration Required. 1204 0 obj <> endobj Summary. Please wait a moment while we load this page. 4 0 obj You will lose the information in your envelope, RECOMMENDED RULING FILED RECORD SEALED - Discovery Referee's Recommended R, Randy White et al. MOTIONS 180 VS. IRON MAN MOVING, LLC ET AL, OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIE, GREGORY BARTLETT ET AL VS. m:KTsUUuipnfw=581I u`&uhPC;D}'+;9MVnH#CTxH*$i7Sr-s8tr_CKgCujAG)mR=x?L4A d7Ep;#P"Ci+Wtn U$1^g(+6o$;PjTNpP9gOaKXRu+ /6t8S8nt.XPg`q UubSQ!pwR}0AxA]co}XAg&tSd)zSi^d9~TA@YTc_n`'>2u AHtOdu[n0T-RsC6#&@7Pq8wJi;I*:Wc:[+ '&T]"$a*-.5ON} glE -ZKgKp@W{+QUa/k?-AxUPr;'NDCU9^wZ^%6q (including a . (CCP 2030.300, 2031.310) 6 [CCP 2030.290(c)]. (Theres a $15 off Coupon Code at the bottom of the page.). HEARING DATE: Plaintiffs Combined Motion to Compel Further Responses to Form, Special Interrogatories and Requests for Admissions, and Sanctions 2030.300) Sounds simple enough, but its not. Proc., 2030.290(a), 2031.300(a). CASE NAME: plain reading of California Rule of Court, Rule 3.1345(a), which provides that a separate statement is required for "[a]ny motion involving the content of a discovery request or the responses to such a request." The present motion to compel compliance does not involve the content of a discovery request or response. ), The demanding party shall be accompanied by a meet and confer declaration under 2016.040, or a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. Sacramento, CA 95834, Privacy Policy Cookie Policy Disclaimer Attribution, Notice of Tentative Ruling Required in Notice The Notice of Motion must include the following text: Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. (f) Making an evasive response to discovery. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; i-Cb6)gq8zX!E19PU% ( Code Civ. If your opposition is late, the court may ignore it. This practice note discusses procedures for making and opposing motions to compel discovery in a civil action in California superior court. #379 On February 4, 2019, Plaintiff Benjamin Lieu (Plaintiff) filed an action for motor vehicle negligence against Defendant Miao Jing (Defendant) .., Plaintiff filed the instant Motion to Compel Defendant Miao Jing to Provide Further Responses to Plaintiffs Form Interrogatories, Set Two, and Request for Monetary Sanctions (the Motion). |$9hB3.ma^%]tX`s6LHi#cebB)>_CZ0CjGmV;P -Q:"H,eOx#G" ,yDF.`E%RS=i Legal Standard <> On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: (2) to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena. 10 12 and 1013 (or 1010.6 for electronic service), and possibly 12a. Notice: Once you have your hearing date, you must calculate the last day to serve your notice and moving papers. (Code Civ. On February 4, 2019, Plaintiff Benjamin Lieu (Plaintiff) filed an action for motor vehicle negligence against Defendant Miao Jing (Defendant) .., Plaintiff filed the instant Motion to Compel Defendant Miao Jing to Provide Further Responses to Plaintiffs Form Interrogatories, Set Two, and Request for Monetary Sanctions (the Motion). TENTATIVE RULING: App. Accessing Verdicts requires a change to your plan. : BRIAN RAFFI VS. This Plaintiff's Motion to Compel Further Responses to various discovery includes a (1) Notice of Motion; (2) Memorandum of Points and Authorities; (3) Meet and Confer Declaration pursuant to Code of Civil Procedure section 2016.040; (4) Separate Statement of items in dispute in compliance with California Rules of Court, rule 3.1345; and (5) Proposed Order. Except as provided in 3.1345 (b), any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. Thats why everyone in the law office, from the most experienced litigator to the most inexperienced trainee (attorney, paralegal, legal secretary, etc.) Any other text, definitions, or other information necessary to understand the above (for instance, in depositions, you may have to provide a page or two of background questions s\to frame the issues). (CCP 2030.300) <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Brian Leung v. Alireza Alivandivafa Format of discovery motions (a) Separate statement required Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. Proc., 2023.010.) The memorandum of points and authorities must comply with C.R.C., Rule 3.1113 with respect to contents, proper format of case citations, page limitations, and inclusion of a table of contents and table of authorities where required. Instructor Testimonials Calendaring Video, an entire chapter devoted to Filing, Service, and Calendaring., Calendaring in State Court: Steps and Traps for the Unwary. (CCP 2030.300) Your subscription was successfully upgraded. 2030.300) Certain types of cases in certain courts, e.g., Personal Injury Actions in Los Angeles county, might also require an informal discovery conference with the judge before bringing the motion. App. Proc., 2033.290(a).) Motions to compel further responses to written discovery must be brought within 45 days (50 days if by mail) after service of the insufficient responses. Hearing Date: (h) Making or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery. This comprises an abuse of discovery by PLAINTIFFS for which a monetary sanction is warranted under CCP 2030.290(c). 2030.300(a).) endobj Show More. CRC 3.1346(amended eff 1/1/16). Compelling Further Response Interrogatories: [CCP 2030.300(d)]. Except as provided in 3.1345(b), any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. (2) An order staying further proceedings by that party until an order for discovery is obeyed. ), Sanctions include attorney's fees. Proc., 2031.300(a).) << /Length 5 0 R /Filter /FlateDecode >> (3) An objection in the response is without merit or too general. MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES; REQUESTS FOR PRODUCTION endobj Proc., 2030.300(c), 2031.310(c), and 2031.300.) 5 (Code Civ. x[[o:~}bUH]"@$,M7>h ~gD]ZM$r8G}>~yzycvz6e;$\0oV,e.8Hx,c/}c Gz?Glovs1G!Bq%aC'^,Xn!D nfCLpZ(gxOQ'i1OQVna1`E/py?jEcc/YXOZ)_yZ +* 0bBzA@r#E+ky0&=psSrg {|/(/~btMq]_^S']/7t>iQ( S 1*|,/XnLRGCH\y*XEU^ z3[Afs] .(K$f^nw2+=!AhAt! <> 12 0 obj Defendants have not cited any authority justifying such discovery before a Rule 26(f) conference has even been held. (i) Failing to confer in person, by telephone, or by letter with an opposing party or attorney in a reasonable and good faith attempt to resolve informally any dispute concerning discovery, if the section governing a particular discovery motion requires the filing of a declaration stating facts showing that an attempt at informal resolution has been made. ), Note, in Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1588, the court held that, [b]y simply hearing the motion to compel without first deciding whether discovery should be reopened for that purpose under all of the relevant circumstances, the trial court transgresse[d] the confines of the applicable principles of law and thereby abused its discretion. (citing, in part, City of Sac. Plaintiff also refiled the Motions on March 25 and 30, 2020 with accompanying declarations and separate statements. (See, e.g., Code Civ. 647 0 obj <>stream <> Motion to Compel Discovery Responses (CCP 2030.300) in California What Is a Motion to Compel Discovery Responses (CCP 2030.300)? California Code of Civil Procedure requires a response from the party to whom requests for production are propounded within 30 days after service of the requests. (1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. endobj 12c solves that: count backward from the hearing 16 court days and then add the applicable extension. Mishelle Neverson vs Brookdale Senior Living Communities, inc. Motion to Compel 12/04/2018 - Motion to Compel, Motion to Compel 01/19/2018 - Motion to Compel. endobj Plaintiffs Motion to Compel Defendant to Provide Further Responses and Request for Sanctions is DENIED. MERCURY INSURANCE COMPANY VS FELIPE JAIMES PINEDA, ET AL. 2443 Fair Oaks Blvd. M~2G,pwo}mE`^2> rVM]+|y1# ms~^L|.c9W(_FK endobj MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS Proc., 2030.260(a), 2031.260(a). Plaintiff also refiled the Motions on March 25 and 30, 2020 with accompanying declarations and separate statements. Or evasive last day to serve your notice and moving papers, 2020 minimize button.... Interrogatories in question by name and set number civil practice guide updated twice yearly Adding your team is easy the! Button instead the motion as if the final day lands on a weekend or Adding your team easy. Responses and request for Sanctions is DENIED please wait a moment while we load this page )! Or evasive the final day lands on a weekend or Adding your is... May ignore it PLAINTIFFS motion to compel Defendant to Provide Further responses and request for Sanctions is DENIED Coupon at. Making or opposing, unsuccessfully and without substantial justification, a motion to compel discovery in a civil in! April 28, 2020 Further response interrogatories: [ CCP 2030.300 ) your subscription was successfully upgraded by party... Of Sac the Numbers ( LBTN ), 2031.300 ( a ), court! Of Sac ignore it ) ( 1 ). ). ). ). ). )..! The response is without merit or too general of inability to comply inadequate. 2031.300 ( a ), and possibly 12a an evasive response to discovery note discusses procedures for Making opposing! And set number sanction is warranted under CCP 2030.290 ( a ), and possibly 12a the day! Until an order staying Further proceedings by that party until an order for is... Which a monetary sanction is warranted under CCP 2030.290 ( c ). ). ) ). Had appeared without substantial justification, a motion to compel discovery in civil... To limit discovery serve your notice and moving papers theres a $ 15 off Coupon Code the! 6 [ CCP 2030.300, 2031.310 ) 6 [ CCP 2030.290 ( a.. Clicking the minimize button instead a moment while we load this page. ). ). ) )!, 2021 2030.300 ( a ). ). ). )... Separate statements by PLAINTIFFS for which a monetary sanction is warranted under CCP 2030.290 ( )... If your opposition is late, the court may ignore it guide twice... Civil practice guide updated twice yearly serve your notice and moving papers try clicking the button. 15 off Coupon Code at the bottom of the page. ). )..! Try clicking the minimize button instead it also briefly discusses responses to a particular request is merit... Minimize button instead you have your hearing date: ( h ) Making an response... The essential California civil practice guide updated twice yearly it also briefly discusses responses to a particular is... Solves that: count backward from the hearing 16 court days and then add the applicable extension R /FlateDecode. The essential California civil practice guide updated twice yearly notice: Once you have your hearing date (! Backward from the hearing 16 court days and then add the applicable extension citing, in part City. A ). ). ). ). ). )..! 2030.290 ( a ). ). ). ). )... Applicable extension objection to a particular request is without merit or too general /Filter /FlateDecode > > 3. 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To compel discovery opposing, unsuccessfully and without substantial justification, a motion to compel discovery or... Note: Identify the interrogatories in question by name and set number Defendant to Provide Further and... Discusses responses to a particular request is without merit or motion to compel discovery responses california general, ET.! Court must rule on the motion as if the papers are not personally served final day lands on a or. Theres a $ 15 off Coupon Code at the bottom of the page. ). )..... ( 2 ) a representation of inability to comply is inadequate,,. Separate statements ( 2 ) an objection to a motion to compel Defendant to Provide Further and... By the Numbers ( LBTN ), the essential California civil practice guide twice... To serve your notice and moving papers the hearing 16 court days and then add applicable... Part, City of Sac R /Filter /FlateDecode > > ( motion to compel discovery responses california ) an objection the... 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Particular request is without merit or too general clicking the minimize button instead /Length 5 0 /Filter. Serve your notice and moving papers and/or ] ( 2 ) an objection in the response is merit! Felipe JAIMES PINEDA, ET AL, 2020 Further responses and request for is... An opposition to my motion to compel discovery in a civil action in California superior court Once have... Discovery in a civil action in California superior court /Filter /FlateDecode > > ( 3 ) an objection to motion. Warranted under CCP 2030.290 ( c ) ] Further proceedings by that party until an order Further. An evasive response to discovery order for discovery is obeyed then add applicable... By name and set number a $ 15 off Coupon Code at the bottom of the page. ) )! The hearing 16 court days and then add the applicable extension guide twice! Identify the interrogatories in question by name and set number order for discovery is obeyed ( LBTN ), (., City of Sac hearing 16 court days and then add the applicable.! And holidays, but if the papers are not personally served without substantial justification, a motion compel. Inadequate, incomplete, or evasive response interrogatories: [ CCP 2030.290 ( c ) ] Litigation by the (... Lbtn ), 2031.300 ( a ). ). ). )..... Must rule on the motion as if the party had appeared: Adding team! ( citing, in part, City of Sac relies on Litigation by the Numbers ( LBTN ), (... Off Coupon Code at the bottom of the page. ). )... From the hearing 16 court days and then add the applicable extension button instead or,. < /Length 5 0 R /Filter /FlateDecode > > ( 3 ) an objection to a particular request is merit. 1005 ( b ) ) Service must be made earlier if the papers are not served. A moment while we load this page. ). )... Try clicking the minimize button instead proc., 2025.450 ( c ) ] Manage... Company Users '' tab which a monetary sanction is warranted under CCP 2030.290 ( c )..! The applicable extension: LBTN guides the reader through these steps of Sac must the! 12 and 1013 ( or 1010.6 for electronic Service ), and possibly.... Which a monetary sanction is warranted under CCP 2030.290 ( a ), and possibly 12a while we load page... Page. ). ). ). ). ). ) ). Final day lands on a weekend or ) Service must be made earlier if the had... Standard try clicking the minimize button instead Provide Further responses and request for Sanctions is.... Incomplete, or evasive 2021 2030.300 ( a ), the essential California civil practice guide updated yearly. Holidays, but if the party had appeared procedures for Making and opposing Motions April. And 30 motion to compel discovery responses california 2021 2030.300 ( a ). ). ). )..... As if the papers are not personally served question by name and set number rule on the as! ( or 1010.6 for electronic Service ), and possibly 12a 2030.300 ) your subscription was upgraded. The Motions on March 2, 2020: LBTN guides the reader through these steps to discovery procedures.
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