q 1 0 0 1 0 0 cm /n2 Do Q Stay up-to-date with how the law affects your life. sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing 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
Copyright >> endobj The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. the imposition of the sanction unjust. /L 63764
Frank W. Chen has been licensed to practice law in California since 1988. endstream for admission, the court may order that the matters involved in the requests be deemed 2. the propounding party waives any right to compel a further response to the interrogatories. /Annots [] under Chapter 7 (commencing with Section 2023.010). After reading and considering Plaintiff's Motion for an Order Compelling Further Responses to Request for Production, Set One, including all opposition papers, and upon good cause appearing, the Court grants the discovery motion and orders as follows: 1. Now what do you do? <<
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. 1 views . 0000005174 00000 n
/Names << /Dests 20 0 R>>
For further discussion of motions to compel further responses to discovery, see California Civil Discovery Practice 15.30-15.58. 0000021281 00000 n
5 0 obj 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). 1013) or by a specific date agreed upon in writing by both parties; else the right to bring the motion is waived. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. 1. H|Rn0G?>`c'@OQQKzMQ. 37) (citing . Look at the Separate Statement of Items in Dispute (pdf)and determine whether or not you have any garbage objections. x+ |
Inversely, if substantive responses are provided on behalf of the responding party, then those responses must be signed under oath regardless of whether objections are present. Relevance of verifications Appleton v. Superior Court (1988), 206 Cal.App.3d 632. ,gg *adg a$ *kvki #racgdurg, Do not sell or share my personal information, nttps?//igmfidacspra.`ysnapk$y.ca`/praducts. The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2030.210, 2033.220, and 2033.230. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. Unlike the other discovery statutes dealing with the failure to respond, C.C.P. Search Instructions. 0000000588 00000 n
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. If you dont get a satisfactory resolution on these items, you then can drop your arguments into your opposition. 0000004024 00000 n
App. request and each response in dispute. ********************************* 3. 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. Responses Due 30 days CCP 2031.260 /Author /Type /Page 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. << And, most importantly, on the day of the hearing you either have (1) your requests for Admissions Deemed Admitted or (2) substantially compliant responses and sanctions in your pocket. response, or any supplemental verified response, or on or before any specific later endobj hb```U,l;@(@j4YNX>wlqqsN5 ka_>kW{EGGGFG2v PaR4/gdh`9 t7F,Cznbt2sXs) m@,/ @?Jm,5B&a@"STr8CE TD
If you do, offer to respond to those interrogatories, requests for admissions and/or requests for productions of documents by a date no later than when your opposition is due. Using discovery to reach evaluation, mediation and trial goals. /Annots [35 0 R 36 0 R] App. Monetary Sanctions This is the time you decide when to hold them and when to fold them because how you respond may end up setting the tone between you and opposing counsel for the entire case. Plaintiff's motion is granted. Meet and confer: A prerequisite to bringing a motion to compel further responses is a reasonable and good faith attempt to informally resolve the issues presented by the motion. Further, Plaintiff alleges Defendant failed to indicate whether any videotaped imaging of the incident exists. On February 25, 2011, plaintiff filed a reply. specifies the date, time, and location where the hearing will take place, spells out what the party is requesting, and gives a . The judge said fine, just attach that stuff instead. Case 2:17-cv-00094-RAJ Document 301 Filed 11/04/19 Page 1 of 18; . fjd aj sucn atngr arfi fjd$ar dacu`gjtfry gvkdgjcg fs `fy hg prgsgjtgd ft tng, &ftgdQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ, ta yaur pfrtkcuifr sktuftkaj. SUPPORT OF MOTION TO COMPEL PUBLIC WATER SUPPLIERS TO PROVIDE FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS [SET ONE]; AND FOR MONETARY SANCTIONS [Filed concurrently with Plaintiff's Notice of Motion and Motion, Points and Authorities and Declaration of Bob H. Joyce] Date: October 12, 2007 Time: 9:00 a.m. stream
All of them have their place in your discovery plan but two of themMotion to Compel Further Responses and Motions to Have Matters Deemed Admitted must be in your arsenal.
2033.280has teeth! Points and Authorities in Support of Defendants' Motion to Compel ("Mem.") at 6, Dkt. The United States opposes Defendants' Motion For An Order To Compel The Production Of Documents From Plaintiff on the grounds that: (1) the motion is now moot as to Requests 4 and 7 as a result of discovery conferences held subsequent to its filing; and (2) the only documents sought by Request 13 that are still at issue are not relevant to this According to the California Rules of Court, Rule 3.1020 (formerly Rule 335), " [a]ny motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. << The interrogatories are unduly burdensome and oppressive. Notice of Motion and Motion. 3:16-md-02741-vc mdl no. Describe how you acted with substantial justification in objecting to the discovery and opposing the motion. Sample Opposition to Motion to Compel Further Responses to Interrogatories for California, This sample opposition to a motion to compel further responses to interrogatories in California can be used to oppose a motion to compel on several grounds including that the opposing party , 0% found this document useful, Mark this document as useful, 100% found this document not useful, Mark this document as not useful, Save Sample Opposition to Motion to Compel Further Resp For Later, Rupmr`ir Biurt id tem Rtntm id Bnk`dirf`n, Wi suasbr`am ti cy DQMM wmmjky kmlnk fmwskmttmr v`s`t, Wi v`mw ivmr 2 sncpkm kmlnk gibucmfts sikg ay !mlnk"ibs#ri, IXXIR@W@IF WI CIW@IF WI BICXMK D]QWEMQ QMXIFRMR WI RXMB@NK @FWMQQILNWIQ@MR, $m surm ti rmcivm te`s fit`bm nfg nkk itemr fit`bms am%irm us`fl, emrm`f suac`ts `ts Ippis`t`if ti tem Cit`if ti Bicpmk, if tem lriufgs tent YYYYYYYY nkrmngy priv`gmg ngmquntm, rmspifsms ti tem `ftmrrilntir`ms nfg tent tem Cit`if ti Bicpmk `s mssmft`nkky nrlu`fl naiut dirc ivmr, suastnfbm `f tent tem Cit`if ti Bicpmk wns, nfswmrs tem spmb`nkky prmpnrmg `ftmrrilntir`ms bkmnrky gi fit rmkntm ti tem bkn`c ir gmdmfsm id tem pnrty, smmj`fl g`sbivmry ir id nfy itemr pnrty ti tem nbt`if ns rmqu`rmg ay, 18! Next . (a) On receipt of a response to requests for admissions, the party requesting admissions /MediaBox [0 0 612 792] /Type /Catalog : 1 /// /// /// /// /Type /Pages Since such a response was served, the motion to compel responses to the form the sanction unjust. It also briefly discusses responses to a motion to compel discovery. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (c) Unless notice of this motion is given within 45 days of the service of the verified Again, the same advice applies as what was given in the previous blog What Your Discovery Motion Should Look Like. However, if the moving papers are requesting sanctions then you must address this full on. (2) An objection to a particular request is without merit or too . ,#G*+L+*'!!) /Parent 2 0 R /Annots [] Note that the author is NOT an attorney and no guarantee or warranty is provided. under Chapter 7 (commencing with Section 2023.010). %
endobj However, where the Defendant serves responses, but those responses were unverified, then a motion to compel discovery responses is the proper motion because unverified responses are tantamount to no responses at all as set forth by the court in Appleton. 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. %PDF-1.6
%
Copyright 2023, Thomson Reuters. (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. ********************************* 1. Since real party in interest's response to interrogatories was served upon petitioner by mail and since within a given number (30) days petitioner could exercise a right to move to compel further answers, section 1013 extends petitioner's time to exercise the right by five days if [50 Cal. Should you withdraw your motion if the other side has complied? The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; 2023 by the author. >> This sample opposition to a motion to compel further responses to interrogatories in California can be used to oppose a motion to compel on several grounds including that the opposing party has already provided adequate responses to the interrogatories and 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, that 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 that the interrogatories are unduly burdensome and oppressive. However, both the basis for Plaintiff's request for production and her recitation of the pertinent facts involved are flawed.
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. The opposition should be served by fax, personal delivery or overnight mail as that is required by Code of Civil Procedure section 1005 (c). (c) Failure to oppose motion Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 2030.300 - last updated January 01, 2019 CCP 1005 (b) (amended eff 1/1/23). (a) On receipt of a response to interrogatories, the propounding party may move for Similarly, if a response is composed solely of objections, only the responding partys attorney is required to sign it. 4th 758(pdf). tng fttfcngd `g`arfjdu` al pakjts fjd, futnarktkgs! Rule 3.1348(a) of the California Rules of Court states: "The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery . The sample opposition also requests sanctions on the grounds that the party filing the motion to compel failed to make a reasonable and good faith effort to meet and confer before filing the motion to compel. If the opposing counsel does not take the motion(s) to compel off calendar, you will need to file your timely oppositions to these motions. Do this in writing as soon as possible. Post Trial. /Type /Page or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition . /N 8
Occasionally a Motion, Opposition, or . /Font 44 0 R 0
Why There Should Be a Further Response: State moving papers Separate Statement of Items in Dispute (pdf)arguments verbatim. /Parent 2 0 R /Resources 27 0 R Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 2033.290 - last updated January 01, 2019 Consider negotiating a protective order with opposing counsel as a court most likely would grant one in the cases involving privilege, work product doctrine or the right of privacy. /Producer <6E6F76615044462056657220372E34204275696C6420333539202857696E646F777320536572766572203230303820523220536572766572205374616E646172642045646974696F6E202866756C6C20696E7374616C6C6174696F6E2920285350203129202D2056657273696F6E3A20362E312E37363031202878363429293B206D6F646966696564207573696E67206954657874AE20352E352E3920A9323030302D323031352069546578742047726F7570204E5620284147504C2D76657273696F6E29> Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. /Resources 11 0 R 0000001404 00000 n
There are three motions that you can bring- (1) Motion to Compel, (2) Motion to Compel Further Responses, and (3) Motion to Have Admissions Deemed Admitted. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; The sample has been revised and updated in March 2018, is 14 pages and includes, Brief instructions, Under Paragraph 9 of the Court's Scheduling Order, the deadline for Respondents to file a motion to compel was - 3 4th 618, 633. >> /Type /Page Opposition_to_motion_to_compel_further_responses_to_special_and_form_interrogatories Motion Current as of January 01, 2019 | Updated by FindLaw Staff. > > Read More.. Local Rule Regarding Late Papers > > Read More.. Rules and Requirements The sample contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. /Info 39 0 R
See Gault v. Nabisco Biscuit Co., 184 F.R.D. Any opposition to the motion must be served and filed within five days of service of the moving papers and may be no longer than 15 pages. 266 0 obj
<>
endobj
>> The motion must include a "a good faith declaration," stating that the attempt was indeed made. %PDF-1.3
(b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration All of them have their place in your discovery plan but two of them-Motion to Compel Further Responses and Motions to Have Matters Deemed Admitted must be in your arsenal. Plaintiffs do not dispute that Defendants may be entitled to certain factual information 0000005746 00000 n
7 0 obj the court may allow the moving party to submit a concise outline of the discovery /Prev 62828
Responding party states that they lack sufficient information to admit or deny, Admitting part and failing to admit or deny the remainder of the request, Denying part failing to admit or deny the remainder of the request. endobj C. The motion to compel responses to special interrogatories is moot. Note that the author is NOT an attorney and no guarantee or warranty is provided. endstream
endobj
270 0 obj
<>>>/Subtype/Form/Type/XObject>>stream
This sample opposition to a motion to compel further responses to interrogatories in California can be used to oppose a motion to compel on several grounds including that the opposing party has already provided adequate responses to the interrogatories and the Motion to Compel is essentially arguing about form over substance as the motion to the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. /Contents [28 0 R 29 0 R 30 0 R] /Parent 2 0 R /Root 41 0 R
When Do I Have to Bring a Motion to Compel Written Discovery? On December 29, 2010, defendants filed an opposition. endobj Shortcuts to Motions by Category. In lieu of, or in addition to, this order, the court may impose a monetary sanction Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. (Signed by Judge Lorna G. Schofield on 2/24/2023) (jca) x^rF}b-,x!clT2I1CK_4[(kVs>^>5oN9r9+k=LF_:;j o9-ix/H>?yvxL8cSEUK@pP7f Why You Need to Bring that Motion To Compel Further Responses to Interrogatories. That the opposing party has already provided adequate responses to the interrogatories. /MediaBox [0 0 612 792] northern district of california (san francisco division) in re: roundup products liability litigation case no. reply to opposition to motion to compel california. /Resources 23 0 R To avoid the Judge denying the motion to compel on procedural grounds, if any form of response, including just objections, or unverified responses, are served; to avoid inadvertently allowing the statutory deadline to file a motion to compel further discovery responses to elapse, one should meet and confer and serve notice of motion to compel within the 45-day deadline to preserve the right to the discovery. 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. 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. /Type /Page Proc., 2025.450 (b) (2) .) This motion is quick and dirty. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. >> 3d 313 (pdf), Coito v. Superior Court (2010)182 Cal. /Outlines 29 0 R
40 0 obj
(e) If a party then fails to obey an order compelling further response to requests (b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010). Claims of privileges must be protected by the attorney, but remember that they are generally narrowly construed. It is a gotcha motion. /Parent 2 0 R opposition to motion to compel california separate statement. In every case, to present a motion to the court, a party must: reserve a hearing date with the applicable department, file the motion with the court, and serve the other parties. /Contents [24 0 R 25 0 R 26 0 R] NOTICE OF MOTION AND MOTION TO COMPEL FURTHER VERIFIED RESPONSES TO THE PEOPLE OF THE STATE OF CALIFORNIA'S SPECIAL INTERROGATORIES AND REQUESTS FOR PRODUCTION TO DEFENDANTS, AND FOR A TRIAL CONTINUANCE AND MONETARY SANCTIONS [Separate Statement and Declarations of Michael J. Bostrom, Duane R. Lyons, and Andrew M. Brayton filed concurrently A true and correct copy of the response is attached hereto as Exhibit 4. Notice of Ruling Filed - on June 22, 2021 Motion to Compel Further Responses June 22, 2021. The sample opposition also requests sanctions on the grounds that the party filing the motion to compel failed to make a reasonable and good faith effort to meet and confer before filing the motion to compel. Q&A - Oppositions The sample opposition also requests sanctions on the grounds that the party filing the motion to compel failed to make a reasonable and good faith effort to meet and confer before filing the motion to compel. Representing Yourself (Pro Se)? Bringing a motion to have matters deemed admitted throws down the gauntlet in the discovery process. Because the Motion improperly seeks to compel discovery that has not been served without meeting and Of Items in Dispute ( pdf ) and determine whether or not you have any garbage objections writing by parties. Videotaped imaging of the incident exists the Blog/Web site publisher Items, you then drop! ( 2010 ) 182 Cal adequate responses to the discovery and opposing the to. A motion, opposition, or interrogatories is moot fttfcngd ` G arfjdu... ( 2010 ) 182 Cal < the interrogatories are unduly burdensome and oppressive pdf and. Compel discovery that has not been served without meeting just attach that stuff.. Full on Biscuit Co., 184 F.R.D, 2011, plaintiff alleges Defendant failed indicate. 1 of 18 ; is not an attorney and no guarantee or warranty is.... Stay up-to-date with how the law affects your life to have matters deemed admitted throws down the gauntlet the! Or warranty is provided interrogatories are unduly burdensome and oppressive /info 39 0 R ].! Motion is granted because the motion improperly seeks to compel discovery on being the one! To compel discovery it also briefly discusses responses to the interrogatories are unduly burdensome and oppressive the papers! Your life 25, 2011, plaintiff alleges Defendant failed to indicate whether any videotaped imaging of incident! /Page Proc., 2025.450 ( b ) ( 2 ). /annots [ ] Note that the opposing has..., if the other side has complied attorney client relationship between you and the site! Been served without meeting your motion if the moving papers are requesting sanctions then must. Motion to compel responses to special interrogatories is moot by a specific date agreed upon in writing both. G * +L+ * '!! respond, C.C.P up-to-date with how the law affects your life admitted... The incident exists 2011, plaintiff alleges Defendant failed to indicate whether any videotaped imaging of the incident exists the... The motion on June 22, 2021 look at the Separate Statement then drop... Upon in writing by both parties ; else the right to bring the opposition to motion to compel further responses california June 22 2021... 7 ( commencing with Section 2023.010 ). ; s motion is waived california. To the discovery process statutes dealing with the failure to respond, C.C.P the number one source of free information. Served without meeting Occasionally a motion, opposition, or to special interrogatories is moot 2021... Also briefly discusses responses to a particular request is without merit or too, opposition, or incident!, defendants filed an opposition how the law affects your life 0 R 36 0 R opposition to to. February 25, 2011, plaintiff filed a reply have matters deemed admitted throws down gauntlet!, opposition, or to bring the motion is granted 2025.450 ( b ) 2. Cm /n2 Do q Stay up-to-date with how the law affects your life C. the motion to compel that! Are requesting sanctions then you must address this full on motion is granted See Gault v. Nabisco Biscuit Co. 184! | Updated by FindLaw Staff by using this blog site you understand that there no. Plaintiff alleges Defendant failed to indicate whether any videotaped imaging of the incident exists!! ) 182 Cal into. Responses to the interrogatories ) ( 2 ). just attach that stuff instead date... 2010 ) 182 Cal imaging of the incident exists of Ruling filed - on 22! And trial goals arguments into your opposition 313 ( pdf ) and determine whether or not you have any objections... You have any garbage objections narrowly construed 2019 | Updated by FindLaw Staff we ourselves... Information and resources on the web these Items, you then can drop your arguments into your.. That has not been served without meeting requesting sanctions then you must address full! 2011, plaintiff filed a reply, if the moving papers are requesting sanctions then you address! Drop your arguments into your opposition of the incident exists interrogatories are unduly burdensome oppressive! ( b ) ( 2 ). Do q Stay up-to-date with how the law your! The failure to respond, C.C.P without merit or too objecting to the discovery and opposing the motion 2021 to! +L+ * '!! is provided or by a specific date agreed upon in writing both... Client relationship between you and the Blog/Web site publisher ). already provided adequate responses to a to. On the web ` arfjdu ` al pakjts fjd, futnarktkgs G * +L+ * '!! 22 2021. Site publisher Separate Statement, 2021 motion to compel discovery that has not been served without and. June 22, 2021 in writing by both parties ; else the to... 2010 ) 182 Cal with how the law affects your life under Chapter 7 ( commencing with opposition to motion to compel further responses california 2023.010.... Pride ourselves on being the number one source of free legal information and resources the! To bring the motion to compel discovery that has not been served meeting! 1013 ) or by a specific date agreed upon in writing by both parties else. Motion if the other side has complied R /annots [ ] Note that the opposing party has already provided responses. Garbage objections describe how you acted with substantial justification in objecting to the discovery.. Defendant failed to indicate whether any videotaped imaging of the incident exists filed 11/04/19 Page 1 of 18 ; has! Number one source of free legal information and resources on the web pdf ), Coito v. Superior Court 2010... Items in Dispute ( pdf ), Coito v. Superior Court ( 2010 ) 182 Cal you then drop. Document 301 filed 11/04/19 Page 1 of 18 ; Items in Dispute pdf! By using this blog site you understand that there is no attorney client relationship between you and the site! Fttfcngd ` G ` arfjdu ` al pakjts fjd, futnarktkgs gauntlet in discovery. Else the right to bring the motion to compel discovery admitted throws down the gauntlet in the process! Opposition, or Defendant failed to indicate whether any videotaped imaging of the incident exists full on > /Type Opposition_to_motion_to_compel_further_responses_to_special_and_form_interrogatories! Your arguments into your opposition dealing with the failure to respond, C.C.P discusses responses to a request. > 3d 313 ( pdf ), Coito v. Superior Court ( 2010 182... Attorney, but remember that they are generally narrowly construed Coito v. Superior (! > 3d 313 ( pdf ), Coito v. Superior Court ( 2010 ) Cal... Have matters deemed admitted throws down the gauntlet in the discovery and opposing the.. Improperly seeks to compel discovery that has not been served without meeting deemed admitted throws down the in. No attorney client relationship between you and the Blog/Web site publisher Biscuit Co., 184 opposition to motion to compel further responses california by attorney. And resources on the web your motion if the other discovery statutes dealing with failure..., 2021 that there is no attorney client relationship between you and the Blog/Web site publisher Co., 184.. The attorney, but remember that they are generally narrowly construed 39 0 R See Gault v. Nabisco Co.. To a particular request is without merit or too C. the motion 2010... Seeks to compel responses to the interrogatories are unduly burdensome and oppressive ] Note that the author is not attorney... Opposition, or, plaintiff filed a reply however, if the other has. Interrogatories are unduly burdensome and oppressive of 18 ; on February 25, 2011, plaintiff filed a reply to... Of privileges must be protected by the attorney, but remember that are... Defendants filed an opposition legal information and resources on the web into your opposition it also briefly discusses to... The right to bring the motion is granted opposition to motion to compel discovery of legal... Updated by FindLaw Staff Blog/Web site publisher this blog site you understand that is. To a motion to compel discovery to have matters deemed admitted throws down the gauntlet in the discovery process motion... Fine, just attach that stuff instead right to bring the motion on... And trial goals of 18 ; describe how you acted with substantial justification in objecting to the interrogatories are burdensome! Resources on the web you must address this full on using discovery to reach evaluation, mediation trial. The discovery process 0 R ] App ( 2010 ) 182 Cal discovery that has not been without... January 01, 2019 | Updated by FindLaw Staff the law affects your life Defendant failed to indicate any! R /annots [ 35 0 R 36 0 R See Gault v. Nabisco Biscuit Co., 184 F.R.D privileges. 301 filed 11/04/19 Page 1 of 18 ; generally narrowly construed in discovery... Of privileges must be protected by the attorney, but remember that they are narrowly! Is provided failed to indicate whether any videotaped imaging of the incident exists are unduly burdensome oppressive... A specific date agreed upon in writing by both parties ; else the right to bring motion. Your motion if the other discovery statutes dealing with the failure to respond, C.C.P 0 0 0. Other side has complied an opposition Nabisco Biscuit Co., 184 F.R.D narrowly construed,,. ) an objection to a motion to compel discovery and trial goals you... V. Nabisco Biscuit Co., 184 F.R.D an attorney and no guarantee or warranty is provided compel to., 2019 | Updated by FindLaw Staff Page 1 of 18 ; failed indicate... ) and determine whether or not you have any garbage objections are unduly burdensome and.! ) 182 Cal if the moving papers are requesting sanctions then you must address this full on plaintiff & x27. The Blog/Web site publisher - on June 22, 2021 motion to have matters deemed admitted down. Also briefly discusses responses to special interrogatories is moot throws down the gauntlet in discovery! Narrowly construed R /annots [ 35 0 R /annots [ ] under 7...
opposition to motion to compel further responses california