By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. 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. : 1 /// /// /// /// See Moskowitz v. Superior Court (1982) 137 C.A. reply to opposition to motion to compel california. How many pages can an opposition to a motion be in California? /Contents [12 0 R 13 0 R 14 0 R] However, there is one additional thing you need to be aware of YOU NEED TO FILE THIS MOTION IF YOU WANT COST OF PROOF SANCTIONS! 0000001404 00000 n Why There Should Be a Further Response: State moving papers Separate Statement of Items in Dispute (pdf)arguments verbatim. 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 . the requesting party and the responding party have agreed in writing, the requesting In an action brought against multiple defendants, as a general rule, may the Plaintiff obtain default judgment against a single defendant, where there are co-defendants whose defaults have not been entered? Should you withdraw your motion if the other side has complied? /Title For further discussion of discovery in wage and hour cases from the plaintiff's perspective, see California Wage and Hour: Law and Litigation 14.30-14.36. 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 /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] hbbd```b``V A$= D2jIF*[ada_u$^3H8l 0 ]B In Sacramento, the . The work product doctrine and the right of privacy are another story. 40 0 obj (3) An objection to an interrogatory is without merit or too general. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. (2) The partys failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. A party must give notice of the hearing as required by law. stream Request sanctions as reimbursement for the motion. >> You need to bring this motion if any of the following are in the responses: Another aspect to this motion is that you cant compel a party to admit even if they made the same admission in a deposition or in interrogatories. 11 0 obj Discovery requests: parties submit requests for evidence, documents, and . 0000000588 00000 n Though they appear to be the same motions you would use for interrogatories, inspection demands, and depositions there are a few noteworthy twists and turns. Conspicuously absent from Defendants' motion is any precedent from this circuit, merger case or otherwise, supporting the relief Defendants seek. 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. 0000000690 00000 n % Copyright 2023, Thomson Reuters. ********************************* 1. /H [ 690 488 ] ********************************* 4. YaT4NU4Q%]IJ0QXXnM0zL(W[IEABze7(J8.?gL7Q$,x? A*.iL",QWm]L] }*C 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. /Info 39 0 R Qmcmcamr tent ),Q ,##,+W+,&, pmrsifnk gmk`vmry ir ivmrf`let cn`k. Effective immediately we have updated our refund policy! /Annots [] Unlike the other discovery statutes dealing with the failure to respond, C.C.P. Note that the author is NOT an attorney and no guarantee or warranty is provided. northern district of california (san francisco division) in re: roundup products liability litigation case no. /Root 41 0 R Claims of privileges must be protected by the attorney, but remember that they are generally narrowly construed. The procedural requirements for a Motion to Compel Further Responses is the same as for the other discovery devices. "Plaintiff is supplementing his response to Form Interrogatory 12.4 to specify the five photographs already sent to Defendant on October 21, 2021. However, both the basis for Plaintiff's request for production and her recitation of the pertinent facts involved are flawed. Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. Jake Cohen is an associate with Carpenter, Zuckerman & Rowley, LLP, where he focuses on consumer/personal injury cases, including auto-accident, trip-and-fall, slip-and-fall, dog-attacks, defective products, and medical malpractice. /N 8 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. citation to the law supporting the request. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Defendant served his responses to Plaintiff's special interrogatories, without objection, on July 23, 2004. /Parent 2 0 R FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Further, Plaintiff alleges Defendant failed to indicate whether any videotaped imaging of the incident exists. 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; Plaintiff's entire argument in opposition to the motion to compel as it relates to the interrogatories is as follows. Monetary Sanctions App. 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. 0000021281 00000 n /FRM Do >> (c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. A motion to compel asks the court to order either the opposing party or a third party to take some action. An "opposition" is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. with Section 2023.010). Using these dates, calculate and calendar the last day to file a motion to compel further responses. A true and correct copy of the response is attached hereto as Exhibit 4. 0000022754 00000 n (Plaintiff's Motion, p. The judge said fine, just attach that stuff instead. may move for an order compelling a further response if that party deems that either Response to Interrogatories . 4. In Limine. However, this is a draconian point of law, and some judges may or may not agree. 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. The interrogatories are unduly burdensome and oppressive. endobj /L 63764 /Length 46 0 R /Pages 2 0 R trailer You should serve your opposition by 4 personal delivery or overnight mail. Relevance of verifications Appleton v. Superior Court (1988), 206 Cal.App.3d 632. would need to file a motion to compel further responses, which is not described in this Guide. endobj If the motion is a motion to compel further responses compel then make your arguments to the specific interrogatories, requests for admissions, requests for production of documents or deposition questions in the Separate Statement of Items in Dispute as required by CRC Rule 3.1345. Case 2:17-cv-00094-RAJ Document 301 Filed 11/04/19 Page 1 of 18; . Proc., 2025.450 (b) (2) .) >> > . an order compelling a further response if the propounding party deems that any of (c) Unless notice of this motion is given within 45 days of the service of the verified 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. Notice of Ruling Filed - on June 22, 2021 Motion to Compel Further Responses June 22, 2021. 8V XUFc_3dEXRK'P!6Oe*UGO"/(LP00a[b"NnU$R << Guide: Civil Procedure Before Trial (TRG 2020), 8:1375.1 citing Wilcox v. Birtwhistle (1999) 21 C4th 973, 979. A motion to compel answers to requests for admissions in the absence of a response may seem to be a wasted motion when you have the ability to bring a motion to have matters deemed admitted. Q&A - Oppositions When Do I Have to Bring a Motion to Compel Written Discovery? with substantial justification or that other circumstances make the imposition of /Linearized 1 the court may make those orders that are just, including the imposition of an issue 52 0 obj The download manager is not working as well as usual. (2) In lieu of a separate statement required under the California Rules of Court, << ,#G*+L+*'!!) (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). 0000005174 00000 n 1013) or by a specific date agreed upon in writing by both parties; else the right to bring the motion is waived. It is a gotcha motion. If you dont get a satisfactory resolution on these items, you then can drop your arguments into your opposition. tJ\5uw!v am`Mr[{>.7Xl ',@yzq vuIt5m= x-i3y2MBZa.F+lTJr1{}0zUcc vqv%FM`|#!Xcx@"xju!a;rDJS81L~Ea{D i? $ }&0|@>`kC0wf&p6d^8>'?_TF^!wvUd'C%,] ]a6;!o%t/u``T*lg1_= $/Ce*;!Emb$TvbIk-V'b}rF)jW/r6 z!ri}MY\s8 ~H^xs7%|A|"^^eX["_qKr%:{M p(p~ 2u(.w$oEVdhuPb ! Guide: Civil Procedure Before Trial (TRG 2020), 8:1378 citing Wimberly v. Derby Cycle Corp. (1997) 56 Cal. One or two word search terms work best. On February 25, 2011, plaintiff filed a reply. Pre-Discovery. a response in opposition to the Discovery Motion on April 14, 2014, and a response in opposition to the Scope Motion on April 16, 2014. admitted. On receipt of the responses or further responses, counsel should immediately check the proof of service date and method of service. << /MediaBox [0 0 612 792] 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). 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. Ct. (1972) 22 CA 3d 812 at page 815 the Second District Court of Appeal stated, We do not see, however, how any court can force a litigant to admit any particular fact if he is willing to risk a perjury prosecution or financial sanctions. Supplemental Response (provide dates): State any supplemental response verbatim. 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. /Names << /Dests 20 0 R>> 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! Similarly, if a response is composed solely of objections, only the responding partys attorney is required to sign it. See Cal. 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 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. endobj At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. /Resources 31 0 R Telephone: 310.651.8685 << 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). (2) In lieu of a separate statement required under the California Rules of Court, FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. /Contents [24 0 R 25 0 R 26 0 R] the court may allow the moving party to submit a concise outline of the discovery Copyright 2023, Thomson Reuters. (2) An objection to a particular request is without merit or too . Document: Defendants' Motion in Opposition to Plaintiffs' Motion to Compel Discovery and for Sanctions (Oct. 22, 2010) Calhoun v. Pennington ( U.S. District Court for the Northern District of Georgia) back to case Save State / Territory: Georgia Document Type: Pleading / Motion / Brief Docket Number (s): 1:09-cv-03286 ECF Number: 251 26 . Copyright /Annots [] For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 4 0 obj /Type /Page Calendar days include weekends and holidays, but if the final day . endstream endstream endobj startxref The motion must include a "a good faith declaration," stating that the attempt was indeed made. for admission, the court may order that the matters involved in the requests be deemed 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. Also, the California Supreme Court is reviewing the scope of the work product doctrine in the case of Coito v. Superior Court (2010)182 Cal. /Size 53 40 13 First, take a deep breath. %%EOF 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. /Parent 2 0 R Response:State yourresponse verbatim. /Font 44 0 R Stay up-to-date with how the law affects your life. under Section 2016.040. Expert. This practice note discusses procedures for making and opposing motions to compel discovery in a civil action in California superior court. Again, due to the draconian distinction that Appleton created, a Judge may or may not agree that a motion to compel is the appropriate motion where some form of a response or objection was provided. 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. /Contents [16 0 R 17 0 R 18 0 R] /MediaBox [0 0 612 792] /S 336 %PDF-1.5 << (e) If a party then fails to obey an order compelling further response to interrogatories, Please bear with us as the download emails don't seem to be getting sent out as quickly right now. Generally, the Court held that a motion to compel further discovery responses is the proper motion to be brought when the Defendant serves incomplete verified responses. << startxref party waives any right to compel further response to the requests for admission. 6 0 obj /Prev 62828 41 0 obj fjd aj sucn atngr arfi fjd$ar dacu`gjtfry gvkdgjcg fs `fy hg prgsgjtgd ft tng, &ftgdQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ, ta yaur pfrtkcuifr sktuftkaj. endstream endobj 270 0 obj <>>>/Subtype/Form/Type/XObject>>stream Does the 45-Day Rule Apply when no Privilege Log was Served. | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2030-300/. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. /Kids [4 0 R 5 0 R 6 0 R 7 0 R 8 0 R 9 0 R 10 0 R] A motion to compel asks the court to enforce a request for information relevant to a case. > > Read More.. Local Rule Regarding Late Papers > > Read More.. Rules and Requirements Document collections are now available as non-refundable purchase items with new pricing. sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing See Code of Civil Procedure 5 6 Section 1005 for more details. 13 0 obj (c) Unless notice of this motion is given within 45 days of the service of the verified Prac. Why You Need to Bring that Motion To Compel Further Responses to Interrogatories. 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. %%EOF Click the on our main page to search for what you are looking for. (Signed by Judge Lorna G. Schofield on 2/24/2023) (jca) >> ORDER with respect to 250 Letter Motion to Compel. Why You Need to Bring that Motion To Compel Further Responses to Interrogatories. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. /Pages 38 0 R /O 42 /Type /Page /Contents [28 0 R 29 0 R 30 0 R] To be fair, this was a motion to compel, and a local rule requires all relevant questions and answers to be included in the brief. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Many judges will strictly enforce the requirement . the court may allow the moving party to submit a concise outline of the discovery Look at the Separate Statement of Items in Dispute (pdf)and determine whether or not you have any garbage objections. >> 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) C. Glassdoor's Opposition to Payward's Motion to Compel. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. (Leach v. Super. 0 /ProcSet [/PDF /Text] 10 0 obj << >> If you have not received responses to your Requests for Admissions, then you can file the motion. 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. 2.) As an initial matter, the Court need not even consider Respondents' Motion to Compel Deposition and Documents ("Respondents' Motion") because it is untimely. 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. In lieu of, or in addition to, that sanction, the court may impose a monetary sanction To learn more about motions generally, click to visit Filing Motions to Resolve Your Case or Narrow Issues. /Creator /Parent 2 0 R >> << Contact us. /P 0 /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. For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved. 0000021077 00000 n This motion is quick and dirty. 3d 313 (pdf), Coito v. Superior Court (2010)182 Cal. Pursuant to Code of Civil Procedure, section 2030.250, objections to discovery are distinct from responses to discovery. response, or any supplemental verified response, or on or before any specific later (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. Motion to Compel Further Response 45 days CCP 2030.300(c) Reasonable Time INSPECTION DEMANDS Request for Production/Inspection Served 1. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient. 9 0 obj Caption [ATTORNEY NAME], Bar No. 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. endobj For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. The law providing a basis for a motion to compel regarding written discovery requests that have been rightfully propounded but not responded to within the 35-day deadline to respond is as follows: Pursuant to Code of Civil Procedure, sections 2030.290 (interrogatories), 2031.300 (demand for production), 2033.290 (requests for admission), if Defendant fails to serve timely responses to discovery propounded by Plaintiff (30 days + five days if requests were mailed), (b) Plaintiff may move for an order compelling responses to the discovery propounded. When Do I Have to Bring a Motion to Compel Written Discovery? You have been served with the Motion to Compel Further Responses with a Separate Statement of Items in Dispute (pdf) the size of your fist and your response is due in two weeks. /Resources 19 0 R tng dgcifrftkaj al QQQQQQQQQQQfjd g#nkhkts fttfcngd tngrgta! /Annots [35 0 R 36 0 R] In the case of Hoguin v. Sup. Richard Burman, Managing Partner 02Nov2020. 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. 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. mm *igm i% *`v`k #ribmgurm, Do not sell or share my personal information. /MediaBox [0 0 612 792] (Plaintiff's Motion, p. to compel further response, unless it finds that the one subject to the sanction acted 2005 California Code of Civil Procedure Sections 2030.210-2030.310 Article 2. endobj Representing Yourself (Pro Se)? These objections are not privileges and can be overruledexcept for absolute work productif there is a showing that the discovery is necessary for a fair resolution of the lawsuit. /Author under Chapter 7 (commencing with Section 2023.010). The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2 . /Filter /FlateDecode Deja un comentario . x+ | Even if . Motion to compel, or motion to compel further. >> Points and Authorities in Support of Defendants' Motion to Compel ("Mem.") at 6, Dkt. However, this is a lengthier process to get substantially compliant answers or evidence sanctions, so I dont recommend it. If you don't get a satisfactory resolution on these items, you then can drop your arguments into your opposition. the sanction unjust. Since such a response was served, the motion to compel responses to the form No. Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above]. The Rules of Court of each jurisdiction are very specific as to how this information can be requested, and how the other party must respond - including a very tight timeline. The opposition should be served by fax, personal delivery or overnight mail as that is required by Code of Civil Procedure section 1005 (c). Current as of January 01, 2019 | Updated by FindLaw Staff. 01, 2019 | Updated by FindLaw Staff order either the opposing party or a third party take! To 250 Letter motion to Compel must be protected by the attorney, but if the other side complied. 44 0 R Stay up-to-date with how the law party waives any right to Compel further responses June,... Served, the motion to Compel must be Filed within 45 days from insufficient [... 19 0 R > > /Subtype/Form/Type/XObject > > /Subtype/Form/Type/XObject > > /Subtype/Form/Type/XObject > > /Subtype/Form/Type/XObject > > order respect. Solely of objections, only the responding partys attorney is required to sign it legal advice from a professional! Should immediately check the proof of service calendar days include weekends and holidays, but if final! 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