Katherine Gallo is an expert in complex discovery issues and is actively involved in Alternative Dispute Resolution (ADR) as a Discovery Referee, Mediator and Arbitrator in Northern California since 1994. Ms. Gallo is known for her extensive discovery seminars, in house discovery training, and go-to blog on pre-trial discovery. Since 2010, she has authored a on discovery titled www.resolvingdiscoverydisputes.com.

Ms. Gallo has served as a court appointed or party selected private Discovery Referee or Special Master in over 250 hotly litigated matters concerning complex issues in business, construction defect (including lines and construction operations losses), insurance, employment (including wrongful termination, discrimination, harassment, and wage and hour claims), elder abuse, real property (including eminent domain, easements, and commissions), Lemon Law, personal injury and family law, many with multiple party litigants, including class actions. Well known to the judiciary, her court appointments in complex matters have come from the Superior Courts throughout the State.

Ms. Gallo has mediated or acted as a pro tem settlement judge in over 500 matters with a 90% settlement rate. Ms. Gallo takes pride in accomplishing the parties’ and the courts’ objectives with regard to impartiality, timeliness and accuracy.

From the Courts’ and Legislature’s perspective, the purpose of discovery is to exchange information between the parties so each side can evaluate their strengths and weaknesses of their case, so that they are able to resolve the case or, if settlement is not possible, to safeguard against surprise at trial to avoid unnecessary delays and

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 advised parties to prepare their meet and confer letters in the format of a separate statement. See my blog “

Assume you receive the following response to your Requests for Production of Documents:

Responding party hereby incorporates its general objections as if fully stated herein. Responding party objects to this request to the extent it seeks information protected from disclosure by the attorney-client privilege and/or work product doctrine, or any other applicable privilege. Responding party

As stated in the blog It’s Not a Discovery Device, But…, a Demand for Bill of Particulars is NOT a discovery device, but an extension of the complaint or a cross-complaint [complaint].  Unlike interrogatories and deposition testimony, a  Bill of Particulars is conclusive as to the items and amounts claimed and no other evidence is admissible at trial.    More importantly, if the court finds that any of the line items are deficient it can strike the entry and preclude plaintiff/cross-complainant [plaintiff] from proving the debt is owed.


Continue Reading If Plaintiff’s Bill of Particulars is Improper, Evasive and/or Incomplete; You must Bring a Motion or You Waive Your Objections

Pre-trial discovery is the heart and soul of litigation. It enables the parties to evaluate and prepare their case for mediation, motions for summary judgment or summary adjudication and for trial. The propounding of discovery also leads to discovery disputes and then to discovery motions–all which can threaten to overwhelm the litigation of the case. However, due to the court holidays ordered by the Judicial Council during this pandemic, parties were not able to have their discovery disputes heard by the courts, thus, stalling their cases. Now with the courts reopening, the backlog of motions previously taken off calendar will need to be rescheduled. Meanwhile, new motions are being filed. This unprecedented situation begs the question from attorneys: When will my discovery motion be heard?


Continue Reading When Will My Discovery Motion Be Heard?

Life as we knew it has been put on hold due to COVID-19.  Courts are closed, deadlines are extended, and court dates have been continued.  As the courts establish “new norms” for their operations, access to the civil courts may be limited and further delayed.  It is not clear what civil matters will receive priority. Civil law and motion matters taken off calendar due to court closures will need to be rescheduled, and newly filed motions added to crowded calendars. It could take months or years before the court dockets return to normal.  Scheduling new law and motion matters and having them heard will be challenging for all litigators.  However, courts and counsel have available options to address the backlog.


Continue Reading Civil Litigation and COVID-19: Justice Need Not Be Delayed

Recently at an MCLE seminar, a sitting judge forewarned the audience that because of all the new judges from a variety of backgrounds, often they don’t  have the necessary background on law and procedures for their department.  His advice:

come to your hearings with copies of all the important cases and statutes, no matter how basic the concept is.

This sitting judge was subtly saying:  Plan on educating the court!!


Continue Reading Know Your Audience

The meet and confer process has failed.   Now you have to decide whether (1) you need to bring a Motion to Compel Further Documents because the documents are an integral part of the defense and/or prosecution of your case, or (2) wait for trial and make a motion in limine to exclude the documents categorically at trial.  Two of the factors you are going to have to consider are how much time it’s going to take to prepare the motion as well as the cost to your client.

Most attorneys underestimate the time and cost in filing a Motion to Compel Further Responses.


Continue Reading How Much is that Motion in the Window?