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Are Most Objections a Misuse of the Discovery Process?
One of the often used garbage objections in response to written discovery, especially in document demands, is the phrase “vague, ambiguous unwarranted annoyance, embarrassment, and oppression and undue...
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Objection, Irrelevant!
How often do you see this objection? Irrelevancy is one of the garbage objections that parties throw out in response to discovery. Do you wonder if opposing counsel actually understands what is...
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Prepare a Winning Separate Statement for your Motion for Issue and Evidence...
Over the years, I have heard numerous motions for issue, evidence and terminating sanctions. I found that it is difficult to rule on motions for issue and evidence sanctions if the Separate Statement...
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Does Your Separate Statement Contain All the Required Information for a...
Having reviewed thousands of Motions to Compel Further Responses over the years, I rely heavily on the separate statement filed with these motions. Unfortunately, I find that many of the separate...
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Can I Reference Documents When Answering Interrogatories?
Consider the following question I received from a defense attorney. “Plaintiff timely served updated verified responses to Form Interrogatories, Set #1, #6.4, 8.4, 8.6, 16.1- 16.8 and 17.1 (RFA #5)...
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When Money is Not Enough–The Request for “Drastic Sanctions”
In my Discovery Referee cases I am seeing more motions going to the brink with one party bringing a motion for issue, evidence and/or terminating sanctions. Many of the motions are denied without...
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When Do I Have to Bring a Motion to Compel Written Discovery?
One of the most common questions I am asked is: when does the clock start regarding bringing motions to compel written discovery? The statutes all contain the same language, but it’s not that easy to...
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“You Harm Your Client’s Interest When You Craft or Transmit Evasive Discovery...
That is what the Eighth Division of the Second District Court of Appeal said in their opinion in Beth Field v. U.S. Bank National Association B309111 filed on June 9, 2022. The Court of Appeal went...
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DISCOVERY GAMES AND MISCONCEPTIONS – Is the Court Correct That There is No...
Recently I received an e-mail from an attorney who followed my advice regarding General Objections. It went like this: “I read your article ‘Why you Need to Bring a Motion to Strike General...
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Are You Following Up on Your Opponent’s Discovery Responses?
Unlike Federal Rule Civil Procedure 26(e)(1) – (2), California law does not impose a continuing duty on a party to supplement their interrogatory or document responses. Biles v. Exxon Mobil Corp....
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Treating Physicians–Treat Them Right
Personal Injury attorney Miles B. Cooper, a partner at Emison Hullverson LLP, wrote a very insightful article in the March, 2014 issue of Plaintiff Magazine on the joys and pitfalls of deposing...
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Discovery May Be Obtained of the Identity and Location of Persons Having...
The title of this blog is a quote from the most basic tenant of the 2016 Discovery Act found in Code of Civil Procedure Section 2017.010 titled Matters Subject to Discovery which reads: “Unless...
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To Sign or Not to Sign Your Proof of Service
When I was a research attorney for Alameda County Superior Court, my judge drilled into me to always check the proof of service to make sure that it was signed and service on all parties had properly...
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Avoiding the Technical Mistakes When Drafting Written Discovery
Recently I received a telephone call from an attorney wanting to discuss whether opposing party’s objections to her special interrogatories had any merit. Listening to the list of objections, it was...
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Discovery and the Motion for Summary Judgment
In most practices areas, facts are king. The attorney who can discover and present the best “facts” will be the most persuasive when presenting their case to the judge or jury. However, some cases can...
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The Interrogatory Says What it Says
There are very few discovery cases that come out each year. Usually they are are significant and involve privileges such as Coito v. Superior Court and Catalina Island Yacht Club v. Superior Court....
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The Pitfalls of Bad Discovery Habits
For years I have been blogging about bad discovery habits from Garbage Objections to unauthorized General Objections, and preached that attorneys must play by the rules. As you know if you have read...
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In Order to Facilitate the Discovery Process–Serve Your Discovery in...
The biggest burden in bringing motions to compel further responses is the preparation of the separate statement of items in dispute pursuant to CRC, Rule 3.1345. In my blogs and at seminars, I have...
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DISCOVERY GAMES AND MISCONCEPTIONS – Is the Court Correct That There is No...
Recently I received an e-mail from an attorney who followed my advice regarding General Objections. It went like this: “I read your article ‘Why you Need to Bring a Motion to Strike General...
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Should You Amend Your Interrogatory Responses?
It’s not required that a party amend interrogatory responses to reflect information the party got after responding, but there are situations in which a party may want to do just that. Here’s why it...
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