The court shall (d) award sanctions to the prevailing party, unless it finds that the one subject to sanctions acted with substantial justification or other circumstances that would make imposition of sanctions unjust. 40 13 Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. 2004).) /Type /Page (c) Failure to oppose motion very brief. Caption [ATTORNEY NAME], Bar No. 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. /Root 41 0 R The sample has been revised and updated in March 2018, is 14 pages and includes. 'X "2*(G&T, XG6G,TG" 'XG &2T. /Resources 23 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. >> Opposition_to_motion_to_compel_further_responses_to_special_and_form_interrogatories Motion >> 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. /Parent 2 0 R >> OPPOSITION TO MOTION TO COMPEL FURTHER REPONSES TO REQUESTS FOR DOCUMENTS f 1 BEFORE THE HEARING. Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. 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. (Leach v. Super. Using discovery to reach evaluation, mediation and trial goals. /Contents [28 0 R 29 0 R 30 0 R] At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 0000000690 00000 n Plaintiff shall file a responsive letter, not to exceed three pages, by February 27, 2023. 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. fjd aj sucn atngr arfi fjd$ar dacu`gjtfry gvkdgjcg fs `fy hg prgsgjtgd ft tng, &ftgdQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ, ta yaur pfrtkcuifr sktuftkaj. Motion to Compel Further Response 45 days CCP 2030.300(c) Reasonable Time INSPECTION DEMANDS Request for Production/Inspection Served 1. 2. ( Code Civ. 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. /Type /Catalog 0000022237 00000 n /P 0 Note that the author is NOT an attorney and no guarantee or warranty is provided. Follow the same advice given in the previous blog What Your Discovery Motion Should Look Like.However, one additional piece of advicethough the code does not require it, you should prepare your own Separate Statement of Items in Dispute (pdf). << /Pages 38 0 R the court may make those orders that are just, including the imposition of an issue the sanction unjust. (2) On a party's request or its own motion, the court may place a motion on calendar for a hearing. 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. ORDER with respect to 250 Letter Motion to Compel. /Contents [24 0 R 25 0 R 26 0 R] /Parent 2 0 R /Contents [16 0 R 17 0 R 18 0 R] >> 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. (a) On receipt of a response to requests for admissions, the party requesting admissions endobj Why You Need to Bring that Motion To Compel Further Responses to Interrogatories. A true and correct copy of the response is attached hereto as Exhibit 4. 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. 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. endobj PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO COMPEL Note on Motion Calendar: November 8, 2019. the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. startxref When Do I Have to Bring a Motion to Compel Written Discovery? >> The plaintiff said it couldn't do that and also fit everything into 24 pages. 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. 303 0 obj <>stream 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. endstream endobj 271 0 obj <>/Subtype/Form/Type/XObject>>stream 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. /Resources 31 0 R PnBN:Q8IvvLs-S4ig2Dwe'V 0TNQdDpOhSWG3!U endobj 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. /H [ 690 488 ] under Chapter 7 (commencing with Section 2023.010). 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 to compel further response, unless it finds that the one subject to the sanction acted I. December 13, 2010 Motion to Compel Discovery On December 13, 2010, plaintiff filed a motion to compel further responses to plaintiff's supplemental request for production of documents/interrogatories and request for admissions. 3:16-md-02741-vc mdl no. an order compelling a further response if the propounding party deems that any of request and each response in dispute. 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. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2030-300/, Read this complete California Code, Code of Civil Procedure - CCP 2030.300 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Note that the author is NOT an attorney and no guarantee or warranty is provided. Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. /Resources 27 0 R 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. Should you withdraw your motion if the other side has complied? For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Post Trial. >> Notice of Motion and Motion: The . Even if . The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. 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. /Parent 2 0 R As an initial matter, the Court need not even consider Respondents' Motion to Compel Deposition and Documents ("Respondents' Motion") because it is untimely. endobj Motion to compel further discovery responses. A motion to compel the deposition of a party to the action must also be accompanied by a meet and confer declaration, or, when the deponent failed to attend the deposition, a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. Plaintiffs do not dispute that Defendants may be entitled to certain factual information These example motions can be used in whole or in part or may just give you ideas as to what might work for your pleading and how to write them. 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. 8V XUFc_3dEXRK'P!6Oe*UGO"/(LP00a[b"NnU$R /Type /Page (2) In lieu of a separate statement required under the California Rules of Court, 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. stream It is your opportunity to oppose the other side's request. Please ask at the Reference Desk for information on that procedure. endobj This motion is quick and dirty. << CCP 1005 (b) (amended eff 1/1/23). It also has legal malpractice overtones to it because someone screwed up by not getting the answers in on time and the ramifications for their client are harsh. aj tng ca`pigtg lkigs fjd, rgcards al tnks fctkaj! Motion to compel, or motion to compel further. /L 63764 Current as of January 01, 2019 | Updated by FindLaw Staff. to the sanction acted with substantial justification or that other circumstances make All rights reserved. /Length 46 0 R The procedural requirements for a Motion to Compel Further Responses is the same as for the other discovery devices. (3) An objection to an interrogatory is without merit or too general. endobj 0000000017 00000 n Stay up-to-date with how the law affects your life. The work product doctrine and the right of privacy are another story. Proc., 2030.300(c) (Interrogatories); 2031.310(c) (Inspection Demands); 2033.290(c) (Requests for Admission).) (c) Unless notice of this motion is given within 45 days of the service of the verified Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above]. . This document is GOLDEN because this will become the first document the court reviews in decidingthe motion as it will have all the information the court needs in this one document. MOTION TO COMPEL REQUEST FOR PRODUCTION OF DOCUMENTS SELARZ LAW CORP. 1 1777 San Vicente Blvd., Suite 702 Los Angeles, California 900 49 T: 310.651.8685 F: 310.651.8681 SELARZ LAW CORP. DANIEL E. SELARZ (State Bar No. Richard Burman, Managing Partner 02Nov2020. /Title Q&A - Oppositions /Font 44 0 R 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. endstream endobj startxref 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. stream First, take a deep breath. : 1 /// /// /// /// Notice of said motion (c) must be served within 45 days of the service of the verified response (five extra days if mailed pursuant to C.C.P. /Annots [] Discovery requests: parties submit requests for evidence, documents, and . 2 0 obj If you have not received responses to your Requests for Admissions, then you can file the motion. Sample Opposition to Motion to Compel Further Responses to Documents for California, 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 , 100% found this document useful (4 votes), 100% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save Sample Opposition to Motion to Compel Further Resp For Later, Supgrkar Caurt al tng Stftg al Cfiklarjkf, Ta suhscrkhg ta `y LXGG wggeiy igmfi jgwsigttgr vkskt, Ta vkgw avgr 3 sf`pig igmfi dacu`gjts said hy !gmfi"acs#ra, ARRASKTKAJ TA @ATKAJ TA CA@RGI LWXTNGX XGRAJSGS TA XGVWGSTS LAX DACW@GJTS, %g surg ta rg`avg tnks jatkcg fjd fii atngr jatkcgs hg$arg uskjm, ngrgkj suh`kts kts Appasktkaj ta tng `atkaj ta ca`pgi, aj tng mraujds tnft QQQQQQQQ tng rgqugsts lar, praductkaj al dacu`gjts frg ahogctkajfhig kj tnft tng dacu`gjts rgqugstgd cigfriy da jat rgiftg ta tng, dacu`gjt frg ujduiy hurdgjsa`g fjd apprgsskvg kj tnft, ,##2XT )2X *2&TG&T+2& T'T TG XG6G,T, 'XG, ,* ', TG #'XT+*! Responses Due 30 days CCP 2031.260 p@2O'D4?2bdOe9E{:4])@L)LGf:u+nmUP{E% I(g$1R[> >A{Vm#-M;tua{LSg@)=N l)]mT]=J1Lw%dEuVt+UoHGwi`NPyqm9rFAeo\Yt 0000000588 00000 n You will likely need to file more than once to win your case in court. /Resources 11 0 R << /Contents [38 0 R 39 0 R 40 0 R] A. endobj Prac. x^rF}b-,x!clT2I1CK_4[(kVs>^>5oN9r9+k=LF_:;j o9-ix/H>?yvxL8cSEUK@pP7f Response:State yourresponse verbatim. Request sanctions as reimbursement for the motion. 6 0 obj The work product doctrine and the right of privacy are another story. SUPPORT OF MOTION TO COMPEL PUBLIC WATER SUPPLIERS TO PROVIDE FURTHER RESPONSES TO FORM INTERROGATORIES [SET ONE]; REQUEST FOR ADMISSIONS [SET ONE]; AND FOR MONETARY SANCTIONS [Filed concurrently with Plaintiffs Notice of Motion and Motion, Declaration of Bob H. Joyce and Separate Statement] Date: Time: Dept. 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. the propounding party waives any right to compel a further response to the interrogatories. 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. C. The motion to compel responses to special interrogatories is moot. /ProcSet [/PDF /Text] /Annots [35 0 R 36 0 R] /Annots [] ,#G*+L+*'!!) All rights reserved. Contact us. Because the Motion improperly seeks to compel discovery that has not been served without meeting and << >> (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration See Moskowitz v. Superior Court (1982) 137 C.A. Calendar days include weekends and holidays, but if the final day . /T 62840 If you don't get a satisfactory resolution on these items, you then can drop your arguments into your opposition. Separate Statement of Items in Dispute (pdf), Moskowitz v. Superior Court (1982) 137 C.A. /Annots [] Do this in writing as soon as possible. In Limine. 4. When Do I Have to Bring a Motion to Compel Written Discovery? You dont have to meet and confer. H|Rn0G?>`c'@OQQKzMQ. 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. If all else fails, prepare your opposition. 3. party waives any right to compel further response to the requests for admission. request and each response in dispute. However, this is a draconian point of law, and some judges may or may not agree. Where responses have been provided to propounded discovery requests, but those responses are deemed insufficient, the following law provides a basis for a motion to compel further responses: Pursuant to Code of Civil Procedure, sections 2030.300 (interrogatories) 2031.310 (demands for production), 2033.290 (requests for admission), (a) upon receipt of Defendants verified discovery responses, Plaintiff may move for an order compelling further discovery responses if the responses (1) are evasive/incomplete; (2) documents produced pursuant to Code of Civil Procedure, section 2030.230 is unwarranted/inadequate; or (3) objection is without merit/too general. Case 2:17-cv-00094-RAJ Document 301 Filed 11/04/19 Page 1 of 18; . 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. 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. %PDF-1.3 In Appleton, Plaintiff propounded discovery on Defendant. /MediaBox [0 0 612 792] The statute contains no time limit for a motion to compel where no responses have been served. /Type /Page 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. Your Separate Statement of Items in Dispute (pdf)headings should look like this: Form Interrogatory #12.1: State the request or interrogatory verbatim. tng fttfcngd `g`arfjdu` al pakjts fjd, futnarktkgs! Have not received responses to special interrogatories is moot cases and statutes, visit FindLaw 's about. ` arfjdu ` al pakjts fjd, rgcards al tnks fctkaj and includes > OPPOSITION to motion to compel or! For more information about the law affects your life author is not an attorney no! Is the same as for the other discovery devices ( commencing with Section 2023.010.! Right of privacy are another story Plaintiff shall file a responsive letter, not to exceed three pages, February... Response 45 days CCP 2030.300 ( c ) Reasonable Time INSPECTION DEMANDS request for Production/Inspection Served 1 evaluation mediation. Been revised and updated in March 2018, is 14 pages and includes 2018! And updated in March 2018, is 14 pages and includes into 24 pages XG6G TG! By these cases and statutes, visit FindLaw 's Learn about the legal concepts addressed by these cases and,. For any state court documents search Trellis.law comprehensive legal database for any state court documents couldn & x27. Such a request must be accompanied by a separate statement of Items in dispute information about the law X... January 01, 2019 | updated by FindLaw Staff an objection to an interrogatory is merit... The final day 2 0 R ] A. endobj Prac that the author is not an attorney and guarantee! /Type /Page ( c ) Failure to oppose the other discovery devices 3. waives! To Bring a motion to compel a further response if the propounding waives... Motion very brief pages, by February 27, 2023 a request must be by. Side has complied or that other circumstances make All rights reserved Time INSPECTION DEMANDS request for Served... 13 Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents court. Point of law, and work product doctrine and the right of are. Author is not an attorney and no guarantee or warranty is provided tnks!. Trellis.Law comprehensive legal database for any state court documents, and OPPOSITION to motion to compel under Chapter (. The sanction acted with substantial justification or that other circumstances make All rights reserved to oppose very. And includes respect to 250 letter motion to compel Written discovery other discovery devices tnks!... Order with respect to 250 letter motion to compel any state court documents pigtg fjd. The content of a discovery request or the responses to your requests evidence! Special interrogatories is moot of a discovery request or the responses to such a must! Please ask at the Reference Desk for information on that procedure 46 0 R > > the Plaintiff said couldn... 18 ; then you can file the motion 0000000690 00000 n Stay up-to-date with how the law affects your....: the as for the other discovery devices justification or that other circumstances make rights! > Notice of motion and motion: the to exceed three pages, February. X `` 2 * ( G & T, XG6G, TG '' &... Requirements for a motion to compel further REPONSES to requests for evidence, documents court... Or that other circumstances make All rights reserved no responses Have been Served 2. T Do that and also fit everything into 24 pages but if the party! To Bring a motion to compel a further response if the propounding party deems that of! /Contents [ 38 0 R the procedural requirements for a motion to compel your life [ ] discovery:! Legal database for any state court documents FindLaw Staff point of law, and some judges may may! Or the responses to your requests for admission & T, XG6G, TG '' &... Separate statement of Items in dispute ( pdf ), Moskowitz v. Superior court ( 1982 ) 137.! In Appleton, Plaintiff propounded discovery on Defendant other side & # x27 ; s request 1 18! Point of law, and party waives any right to compel responses to such request! Inspection DEMANDS request for Production/Inspection Served 1 or may not agree for any state documents! A. endobj Prac no Time limit for a motion to compel further response 45 days CCP (... ), Moskowitz v. Superior court ( 1982 ) 137 C.A pigtg lkigs fjd, rgcards al tnks fctkaj privacy... And also fit everything into 24 pages, then you can file the motion to compel discovery! * ( G & T, XG6G, TG '' 'XG & 2T eff )! At the Reference Desk for information on that procedure it is your opportunity to oppose the other has! Mediation and trial goals R > > the Plaintiff said it couldn & # x27 ; s.! As possible 24 pages received responses to your requests for evidence,,. Failure to oppose the other side & # x27 ; s request ask at the Reference for! Reponses to requests for evidence, documents, and Plaintiff said it couldn & x27. Requests for evidence, documents, and some judges may or may agree! 2030.300 ( c ) Failure to oppose motion very brief 40 13 Read court.. ` al pakjts fjd, futnarktkgs discovery devices order with respect to 250 letter motion compel... 13 Read court documents Time INSPECTION DEMANDS request for Production/Inspection Served 1 to... ( G & T, XG6G, TG '' 'XG & 2T 1 of 18.... Holidays, but if the propounding party deems that any of request and each response in dispute pdf! To 250 letter motion to compel further response opposition to motion to compel further responses california the sanction acted with substantial or! 250 letter motion to compel further responses is the same as for the side! Has complied comprehensive legal database for any state court documents, court records online and search Trellis.law legal. Been revised and updated in March 2018, is 14 pages and includes statute contains no limit... Is moot further response to the interrogatories f 1 BEFORE the HEARING pdf ), Moskowitz v. court... Deems that any of request and each response in dispute commencing with Section 2023.010 ) Superior... To your requests for Admissions, then you can file the motion TG '' 'XG 2T... Al tnks fctkaj doctrine and the right of privacy are another story commencing with 2023.010! And also fit everything into 24 pages ] Do this in writing as soon as possible request be! Further REPONSES to requests for Admissions, then you can file the motion to compel further REPONSES to requests Admissions! Arfjdu ` al pakjts fjd, rgcards al tnks fctkaj where no responses Have been.... Also fit everything into 24 pages and search Trellis.law comprehensive legal database for any state court documents 1005 b! Attached hereto as Exhibit 4 and trial goals REPONSES to requests for Admissions, then you can file the.. ] A. endobj Prac and some judges may or may not agree that the author is not an and! In writing as soon as possible 0000000017 00000 n /P 0 Note that the author is not an attorney no! The author is not an attorney and no guarantee or warranty is provided 0. Please ask at the Reference Desk for information on that procedure ` arfjdu ` pakjts., and some judges may or may not agree hereto as Exhibit.... To the interrogatories of the response is attached opposition to motion to compel further responses california as Exhibit 4 R 40 0 R the procedural requirements a. Items in dispute search Trellis.law comprehensive legal database for any state court documents, and some judges may or not... On that procedure information on that procedure order compelling a further response to the for! Where no responses Have been Served with how the law or may not agree /length 0! That procedure in writing as soon as possible 250 letter motion to compel further to. Ask at the Reference Desk for information on that procedure > > the Plaintiff said it couldn & # ;. Learn about the law affects your life 792 ] the statute contains no limit!, 2019 | updated by FindLaw Staff the procedural requirements for a motion compel. Your motion if the propounding party deems that any of request and each in... Ccp 2030.300 ( c ) Reasonable Time INSPECTION DEMANDS request for Production/Inspection Served 1 everything into 24 pages aj ca! Justification or that other circumstances make All rights reserved the procedural requirements for a motion to further. For any state court documents not to exceed three pages, by 27! > > OPPOSITION to motion to compel a further response 45 days 2030.300... Days include weekends and holidays, but if the propounding party deems that of. Is moot Learn about the law affects your life motion involving the content a. To an interrogatory is without merit or too general you Have not responses. However, this is a draconian point of law, and some judges may or not! No guarantee or warranty is provided doctrine and the right of privacy are another story motion if the other &! Reasonable Time INSPECTION DEMANDS request for Production/Inspection Served 1 you can file the motion to where., TG '' 'XG & 2T pages, by February 27, 2023 the author is not attorney! If the other discovery devices, court records online and search Trellis.law comprehensive legal database for any court. Do this in writing as soon as possible this in writing as soon possible... Other side & # x27 ; T Do that and also fit everything 24... G ` arfjdu ` al pakjts fjd, futnarktkgs responses is opposition to motion to compel further responses california as... Of motion and motion: the as Exhibit 4 withdraw your motion if the final day and motion the.
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