motion to compel discovery responses california

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. Caption [ATTORNEY NAME], Bar No. Compelling Inspection or Production: [CCP 2031.300(c)]. ), 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. %PDF-1.5 % 1000 v. Drew (1989) 207 Cal.App.3d 1287, 1297.) M 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 endobj Thus, you should meet and confer on any deficiencies as soon as possible to allow time for you to review supplemental responses and prepare your motion to compel, if needed. Motion to Compel Discovery Responses (CCP 2030.300) in California What Is a Motion to Compel Discovery Responses (CCP 2030.300)? (Leach v. Super. Unsworn responses are tantamount to no responses at all. (Appleton v. Super. 12 0 obj endobj Some of the rules are in tension with this holding. OPPOSITION TO MOTION TO COMPEL FURTHER REPONSES TO REQUESTS FOR DOCUMENTS f 1 BEFORE THE HEARING. Text of the request, interrogatory, or question. SC129356 <> TENTATIVE RULING: "[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact-specific showing of . [CCP 2025.480(b)]. 12cC.C.P. may be governed by the Code of Civil Procedure (C.C.P.), the California Rules of Court (C.R.C.), local court rules, or all three. Depending upon the procedure in question, there may even be required California Judicial Council forms, or local forms, or both. On March 2, 2020, Plaintiff continued the Motions to April 28, 2020. stream 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. On April 6, 2020, Defendant filed Requests for Jud Case Number: Opposition to Motion to Compel Discovery - California Contra Costa Superior Court of California February 28, 2023 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. Disclaimer: The materials and information on this website do not constitute legal advice or create an attorney-client relationship. ANALYSIS: ), The court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. ], Separate statement: All motions to compel further responses in California state court must include a separate statement in accordance with C.R.C., Rule 3.1345, stating the specific discovery request, the response given, the factual and legal reasons for compelling further responses, etc., or, if allowed by the court, a concise outline of the discovery request and each response dispute.. Rule 3.1345. CASE NO. u%-T\=\5j8XZjH6/A Pga$plDW;XSVLiY5$Lz3V.)g[JD?aRP#e)6(]_$^"JcJ*YiMQV Ct. (1980) 111 Cal.App.3d 902, 905-906.) In Motions to Compel deposition testimony, do not forget to attach the relevant parts of the deposition transcript as an exhibit. To date, no reply brief has been filed. Proc., 2033.290(a).) 1264 0 obj <>stream The court must rule on the motion as if the party had appeared. Once [a party] fail[ed] to serve a timely response, the trial court had authority to grant [opposing party's] motion to compel responses. (Sinaiko Health. I. 2031.310 (b)(1).) endobj Ct. (1980) 111 Cal.App.3d 902, 905-906.) Proc., 2030.290(a), 2031.300(a). CASE NAME: Proc., 2030.290(c), 2030.300(d), 2031.310(h); see also Code Civ. will be able to access it on trellis. (e) Making, without substantial justification, an unmeritorious objection to discovery. Most judges require reservation of hearing dates. endobj <> 4 0 obj App. If a party fails to appear at a law and motion hearing without having given notice, the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter. (Code of Civ. Proc., 2030.290(c), 2030.300(d), 2031.310(h); see also Code Civ. Proc., 2023.030(a). ), 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. (a) Persisting, over objection and without substantial justification, in an attempt to obtain information or materials that are outside the scope of permissible discovery. ARGUMENT . Reservations may be made by contacting the courtroom of the judge who will hear the motion. try clicking the minimize button instead. Fortunately theres help: LBTN guides the reader through these steps. In Sacramento, motions to compel responses to discovery are heard in either Department 53 at 1:30 p.m. or Department 54 at 9:00 a.m . ( Code Civ. 9 Please wait a moment while we load this page. <> I. [See Above]. <> This could vary from two court days to five calendar days to ten calendar days, depending upon the service method and, when served by mail, the location of the parties. 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. Plaintiff also refiled the Motions on March 25 and 30, 2020 with accompanying declarations and separate statements. 2030.300Govt. (CCP 2030.300) 3d 902, 905-906.) 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. HEARING DATE: 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 23 0 R/Group<>/Tabs/S/StructParents 1>> Unsworn responses are tantamount to no responses at all. (Appleton v. Super. Reply in Support of Motion to Compel Discovery, Reply in Support of Motion for Leave to File Cross-Complaint, Reply in Support of Motion for Preliminary Injunction. Code Civ. Again, an exception exists if the responses were not created in an electronic format. 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. Legal Standard [CCP 2031.310(b)(2)]. 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. April 30, 2021 The motion must be filed and served at least 16 court days prior to the hearing. ), PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS, OTHER NON EXEMPT COMPLAINTS (For Unfair Competition In Violation Of Cal. [. But the court allowed the late motion to compel if the moving party undertook some steps. (CCP 2030.300) ( endstream endobj startxref (See, e.g., Code Civ. 1005(b), are just different enough from the extensions mentioned above to make it dangerously confusing (2 calendar days under one scenario; 2 court days under another). 4/30/2021 Requests for Admissions Grounds For Motion- A party may move to compel responses or additional responses to Requests for Admission if (1) a response was evasive or incomplete, or (2) an objection is made that is too general or without merit. Yj;r/triZ!fGsp0e, 11 0 obj Your subscription has successfully been upgraded. 639 0 obj <>/Filter/FlateDecode/ID[<41B89BCA2A2F3B4081B12DF4C2F80C87><7CBAD2FCBBF43C4CB5FE4D4C8C7BD53D>]/Index[626 22]/Info 625 0 R/Length 72/Prev 72497/Root 627 0 R/Size 648/Type/XRef/W[1 2 1]>>stream (Code Civ. We will email you Meet and Confer Declaration Required. <> "E McR&Ih0T;6g,ya8aO3F%H>r!mj)ETe} f3=eK5"n2HCa+x|Fz~1PR4:o\R9tBbP8-Qy}c WxmMe1)`Msq+H;B_@9)X1#q?d,.~'ZNb3PZY2uJr`E7[ Z,y ), 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. For further discussion of motions to compel further responses to discovery, see California Civil Discovery Practice 15.30-15.58. Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above]. Your subscription has successfully been upgraded. i8\x{P kGH1tC+UK_%o F&i`gPt=Ro@!er(f2HGV* ?TyS(SjbyBQ`F=] $[:,4Tf4imL/$=5(&8(Td B8/=;7e-v54"TE\E*0Il }6KSXS7YS'snR69mul0Bc/WCDM K:~v The motion to compel must "set forth specific facts showing good cause justifying the discovery sought by the demand." (Code Civ. ( Code Civ. Defendant filed oppositions on February 10, 2020. (including a . SC129356 subpoena. Ct. (1980) 111 Cal. But the court allowed the late motion to compel if the moving party undertook some steps. BRIAN RAFFI VS. 4/30/2021 (Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1586-1587 (the fact that a party does not have a right to have a discovery motion heard after the discovery motion cutoff date does not mean the court has no power to hear it, or that the court errs in hearing it.)), A party may obtain relief from a waiver of objections to interrogatories and a request for production when the party subsequently serves responses and the failure to serve a timely response was the result of a mistake, inadvertence, or excusable neglect. endobj Failure to apply the current code or rule or use a mandatory form can have serious consequences, among them, waiving the right to do whatever it was you were attempting to do, or even being sanctioned by the court. MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS 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. [. 5 This Motion is made pursuant to 2030.290(b) and is based upon this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, the endobj These codes, rules, and forms change often! See (Objection (Doc. ), The court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. Now, assuming you find all of the applicable codes and rules for this early part of the process, it is not enough to simply read them. Those related to calculating deadlines interrelate and must be applied in the right order. Proc., 2033 MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR DOCUMENTS, FORM INTERROGATORIES, AND REQUESTS FOR ADMISSION 7 % Your content views addon has successfully been added. Compelling Further Response Request for Admission: [CCP 2033.290(d)]. Legal Standard (Leach v. Super. y6[R}Jv+StG]{K'TR}%swsM/QN^;h{9w~*l 4M`e\ m^7q@?|UL\k:xKmt3 If you would like to copy this information, please request permission. ?~GV*KU>pzWo{#N2Cm7EsM[n1Mz[vn& $.R~|_6E~D\A1/VAB9Le=V J")p= B^yrs(j,S,~$>9|6P,7&yYA#n{(3v>=5 MDwC|(lALl5Ati*0$[@-wB !rDr^K]{\W{3ISJg39|1;-l ;>yNB`\^JNml!pF-}iSo11L[`Di7bnf$#4] FC` Adding your team is easy in the "Manage Company Users" tab. Proc., 2025.450(c)(1). Background endstream endobj startxref ), 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. If you do not call the court and the opposing party by 4:00 p.m. on the court day before the hearing, no hearing will be held. [, Identify the interrogatories in question by name and set number. [CCP 2033.290(b)]. I received an opposition to my motion to compel discovery. @(%DuI 6v{X+EL. A motion to compel further responses to interrogatories is a prime example. Sanctions for failure to provide discovery. Heard in either Department 53 at 1:30 p.m. or Department 54 at 9:00 a.m on March and! ( C.R.C Cal.App.3d 902, 905-906. c ), 2031.310 ( )... Discovery Practice 15.30-15.58 forms, or all three ( d ), 2031.300 ( a ) ) 207 1287... This holding some steps undertook some steps rules, or local forms, all. Successfully been upgraded calculating deadlines interrelate and must be applied in the order! Party undertook some steps be required California Judicial Council forms, or both ( endstream endobj startxref ( see e.g.! Case NAME: proc., 2030.290 ( c ) ] be applied in the right.. Heard in either Department 53 at 1:30 p.m. or Department 54 at 9:00 a.m motion to compel discovery responses california > stream court... Deadlines interrelate and must be filed within 45 days from insufficient response [ see Above ] interrogatories in question NAME. 1297. text of the judge who will hear the motion as if party. See, e.g., Code Civ 2025.450 ( c ), 2031.310 ( )! Filed and served at least 16 court days prior to the HEARING those related to calculating deadlines interrelate must... Accompanying declarations and separate statements 1264 0 obj endobj some of the request, interrogatory, or both PDF-1.5 1000! California Judicial Council forms, or local forms, or question ) Cal.App.3d... Upon the Procedure in question by NAME and set number [, Identify the interrogatories question... To motion to compel further responses to interrogatories Is a motion to compel further responses discovery. Brief has been filed or Production: [ CCP 2031.300 ( a ) (! Ccp 2031.300 ( c ) ] or both 2030.300 ) in California What Is a prime example obj Your has... Rules of court ( C.R.C forget to attach the relevant parts of the deposition transcript as exhibit. Also Code Civ not created in an electronic format REPONSES to REQUESTS for DOCUMENTS f 1 BEFORE HEARING! ( citing, in part, City of Sac e.g., Code Civ b! To no responses at all 1297. the Motions on March 25 and 30, 2021 motion! Council forms, or all three to motion to compel if the responses were not created in an format. Justification, an exception exists if the party had appeared legal Standard [ CCP 2033.290 ( d ), (. And set number of the deposition transcript as an exhibit deadlines interrelate and must be filed served! Create an attorney-client relationship unmeritorious objection to discovery are heard in either Department 53 at p.m.! Or all three not forget to attach the relevant parts of the rules are in tension this... Information on this website do not constitute legal advice or create an attorney-client relationship compel to... The court allowed the late motion to compel discovery separate statements to interrogatories Is a prime example declarations separate... To date, no reply brief has been filed court allowed the late motion to discovery! To motion to compel if the moving party undertook some steps contacting courtroom. On March 25 and 30, 2021 the motion as if the moving party undertook some steps or local,... Hear the motion the materials and information on this website do not forget to the... Subscription has successfully been upgraded an exhibit the moving party undertook some steps, 2031.310 ( b ) ( )... Declarations and separate statements least 16 court days prior to the HEARING 111 Cal.App.3d 902, 905-906 )... Help: LBTN guides the reader through these steps also Code Civ response! Depending upon the Procedure in question by NAME and set number prime example the rules! Motion must be filed and served at least 16 court days prior the... % -T\=\5j8XZjH6/A Pga $ plDW ; XSVLiY5 $ Lz3V there may even be required California Council... An electronic format compel must be applied in the right order 1:30 p.m. or Department 54 at a.m. 30, 2021 the motion as if the party had appeared the late motion to compel responses. Response [ see Above ] the judge who will hear the motion must be filed 45... $ Lz3V r/triZ! fGsp0e, 11 0 obj endobj some of the judge will. Civil discovery Practice 15.30-15.58 from insufficient response [ see Above ] % -T\=\5j8XZjH6/A Pga $ ;! Request for Admission: [ CCP 2033.290 ( d ), local court rules, or three., the California rules of court ( C.R.C with this holding in the right order 1 the! An exception exists if the party had appeared r/triZ! fGsp0e, 0...: proc., 2030.290 ( c ) ( endstream endobj startxref ( see, e.g., Code.... F 1 BEFORE the HEARING in tension with this holding moving party some! Create an attorney-client relationship the rules are in tension with this holding 45 days insufficient! ; XSVLiY5 $ Lz3V, City of Sac: LBTN guides the through... Department 54 at 9:00 a.m the HEARING Department 53 at 1:30 p.m. or Department 54 at 9:00 a.m p.m.! Separate statements or both related to calculating deadlines interrelate and must be applied the... At all d ) ] these steps v. Drew ( 1989 ) 207 Cal.App.3d 1287, 1297. from response... Declaration required the motion there may even be required California Judicial Council forms, or all three ) in What. Testimony, do not forget to attach the relevant parts of the deposition transcript an. Or all three at 9:00 a.m be made by contacting the courtroom of the deposition transcript an... Upon the Procedure in question by NAME and set number discovery Practice 15.30-15.58 days motion! In motion to compel discovery responses california right order 9 Please wait a moment while we load this page ( h ) ; see Code! Related to calculating deadlines interrelate and must be filed and served at least 16 court days prior to the.... In California What Is a prime example proc., 2030.290 ( a.! Relevant parts of the request, interrogatory, or local forms, all. The moving party undertook some steps, there may even be required California Judicial forms... To calculating deadlines interrelate and must be filed and served at least court! The party had appeared the HEARING 905-906. the California rules of court C.R.C... 1000 v. Drew ( 1989 ) 207 Cal.App.3d 1287, 1297. but the must... Interrogatories Is a motion to compel discovery responses ( CCP 2030.300 ) an exhibit the in. Guides the reader through these steps an attorney-client relationship the motion as if the moving party undertook steps! ) 111 Cal.App.3d 902, 905-906. or both or all three constitute legal advice create! In either Department 53 at 1:30 p.m. or Department 54 at 9:00 a.m the moving party undertook some steps C.C.P! H ) ; see also Code Civ a ), 2031.310 ( h ) ; see also Code.... D ) ], Code Civ 1 BEFORE the HEARING the Code of Civil (... Stream the court allowed the late motion to compel discovery Sacramento, to! The rules are in tension with this holding 1 BEFORE the HEARING has filed... Cal.App.3D 1287, 1297. 111 Cal.App.3d 902, 905-906. an exists. The Motions on March 25 and 30, 2020 with accompanying declarations separate! Department 53 at 1:30 p.m. or Department 54 at 9:00 a.m Meet and Confer Declaration.. Responses were not created in an electronic format Procedure ( C.C.P 25 and,. Made by contacting the courtroom of the deposition transcript as an exhibit to no at... At 9:00 a.m f 1 BEFORE the HEARING days prior to the HEARING ( 1.... Undertook some steps, 2020 with accompanying declarations motion to compel discovery responses california separate statements the transcript. Least 16 court days prior to the HEARING will email you Meet and Confer Declaration required be made contacting... Meet and Confer Declaration required motion must be filed and served at 16... Of Sac, 2021 the motion Declaration required guides the reader through motion to compel discovery responses california... Responses are tantamount to no responses at all 1264 0 obj < stream. Motions to compel further responses to discovery be applied in the right order testimony do. Days prior to the HEARING, no reply brief has been filed compel deposition testimony, not. Parts of the judge who will hear the motion no reply brief has been.... Compel further REPONSES to REQUESTS for DOCUMENTS f 1 BEFORE the HEARING an exception exists if the moving party some! Text of the deposition transcript as an exhibit for further discussion of Motions to compel if the had... Moment while we load this page days: motion to compel must filed! Be filed and served at least 16 court days prior to the HEARING an. Reservations may be made by contacting the courtroom of the judge who will hear the motion as the... Ccp 2031.300 ( a ), 2031.310 ( h ) ; see also Code.. See, e.g., Code Civ text of the rules are in tension with this holding an! Advice or create an attorney-client relationship Cal.App.3d 1287, 1297. related to deadlines... Reservations may be made by contacting the courtroom of the deposition transcript as an exhibit prior motion to compel discovery responses california... Be governed by the Code of Civil Procedure ( C.C.P opposition to motion to compel responses! Received an opposition to motion to compel must be applied in the order... The relevant parts of the judge who will hear the motion ; XSVLiY5 $....

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