Many motions for terminating sanctions are denied due to the papers being deficient due to a lack of a showing of abuse and prejudice.

Continue Reading When Money is Not Enough–The Request for “Drastic Sanctions”

The purpose of discovery is to take the “game” element out of trial preparation by enabling the parties to obtain evidence necessary to evaluate and resolve their dispute before a trial is necessary.  Weil and Brown, Cal. Prac. Guide: Civil Procedure Before Trial (TRG 2018) ¶8:1 citing Greyhound Corp. v. Superior Court (1961) 55 C.2d. 355, 376.

Serving “[a]ppropriate written interrogatories are one of the means to accomplish the general goals of the discovery process designed to facilitate a fair trial.” (Juarez v. Boy Scouts of America, Inc. (2000) 81 CA4th 377, 389)

“Interrogatories expedite the resolution of lawsuits … [by detecting] sham claims and defenses … [and] may be employed to support a motion for summary judgment or a motion to specify those issues which are without substantial controversy.”  Deyo v. Kilbourne (1978) 84 CA3d 771, 779

Continue Reading Why You Need to Bring that Motion To Compel Further Responses to Interrogatories

I received a comment about one of my blogs saying:

Many young(er) attorneys abuse discovery as a matter of course – as if they have been taught how to be obstructionists at law school. I also think newer attorneys do the scorched earth route to create more billing.  One dope sent me objections that were over 100 pages.

I have written many blogs regarding how to handle discovery abuse by opposing counsel.  These include filing motions to compel further responses, filing motions for protective orders and how to recover sanctions.Continue Reading DO YOU KNOW WHAT YOUR OBLIGATIONS ARE IN RESPONDING TO WRITTEN DISCOVERY?

UPDATED OCTOBER 21, 2020

C.C.P. §2031.280(a) was amended on 1/1/2020 to read:

(a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified  with the specific request number to which the documents respond.

See my blog  “Make Sure you are aware of the New Document Response Requirements” for an updated analysis.

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Original Blog

Have you ever had a situation where the opposing side has responded to each of your document production requests with the response?

All responsive documents within the custody and control of responding party will be produced.

And then they dump thousands of documents on you with no rhyme or reason as to how they are organized.

You then diligently send your meet and confer letter stating that the  documents are so disorganized that you “can’t make heads or tails as to which documents are responsive to which request.”  Opposing counsel responds saying that the document production was in compliance with the code as the documents were produced “as they are kept in the usual course of business” and they will neither modify their response nor the production.  So what do you do?

Continue Reading A Needle in a Haystack – When Opposing Party Dumps Documents

A close-up of a Baseball or Softball Home Plate Umpire

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 Objections,’ and filed a ‘Motion to Strike Defendants’ Preliminary Statement and Unmeritorious Objections.’  The Preliminary Statement contained many of the issues you pointed out in your article, and each of defendants’ responses to interrogatories and document requests contained the same 28 lines of objections.  The court then separated the motions to compel from the motions to strike and refused to rule on the motion to strike stating “There is no such motion.” Is the court correct?”

Continue Reading DISCOVERY GAMES AND MISCONCEPTIONS – Is the Court Correct That There is No Motion to Strike in Discovery?

young man and young woman with camera

For years, parties have videotaped both the deponent as well as the lawyer asking the questions during a deposition.  The purpose is to provide a split screen video to the jury at trial which would simultaneously show the questioner and the deponent in real time.  But is it permissible?  As demonstrated below, the answer is “No”, unless the parties stipulate or the court orders it upon the showing of good cause.
Continue Reading Can I Videotape Opposing Counsel During a Deposition?

Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each of her three plaintiffs, a separate set of 50 specially prepared interrogatories, 35 requests for documents, 70 requests for admissions and 17.1 of the Form Interrogatories for a total 750 specially prepared interrogatories and 525 requests for documents, 1050 requests for admissions and 4200 responses to Form Interrogatory 17.1 equaling 6525 discovery requests to be responded to 30 days before trial.

After his rant, I said to him that “You Need to file a motion for a protective order.” It was clear to me that the discovery was retaliatory, either because the case didn’t settle the week before at mediation, or that the opposing counsel was a nut job, or perhaps a little of both. Whatever the reason behind this absurd amount of discovery, he needed to file a motion for a protective order.
Continue Reading YOU NEED TO FILE A MOTION FOR A PROTECTIVE ORDER!!

Today I read a great article by Minnesota attorney Randall Ryder titled New Attorney? Don’t Get Intimidated by Opposing Counsel. The article struck a cord with me as it is a proponent of the same philosophy that I am advocating in my own blog–don’t be intimidated by a bully, do not react with words in kind and use the “Rules” to win. Here it is and I hope it hits a cord with you too.
Continue Reading Don’t Get Intimidated and Play by the Rules

Growing up in an Italian household, our dinners consisted of salad, pasta, wine and an argument. Afterwards we all went out for ice cream with no thoughts of the argument that took place at the dinner table. That is because we thought of arguments as a sport and there was no reason to hold any grudges. However, when I became a lawyer I was surprised to find that lawyers did hold grudges despite the fact that law by its nature is an adversarial process and we are professional arguers.
Continue Reading Will You Join Me in the Gutter?