Motion to Compel Further Responses

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 have always been a strong advocate that you should be awarded sanctions if you had to bring a motion to get the relief you were entitled to even if the other side complied prior to the hearing on the motion.  However in the case of Evilsizor v. Sweeney (2014) 230 CA4th 1304, the First District Court of Appeal had an interesting take on the issue.


Continue Reading Should you withdraw your motion if the other side has complied?

Recently I was contacted to help on a party’s Motion to Compel Further Responses to Form Interrogatories, Requests for Production of Documents, and Requests for Admissions. In viewing opposing counsel’s responses to the discovery, I gazed upon the General Response and Objections preamble in absolute astonishment.  It read as follows:


Continue Reading Why You Need to Bring a Motion to Strike General Objections

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DILEMMA: It is 30 days before trial and you get the final responses to your propounded discovery.  In reviewing responding party’s answers to supplemental interrogatories the verified response says “Responding party states that all answers to Interrogatories, Set No. One, that were previously served in this action remain the same.”  Yet years have passed, records have been obtained, experts have been deposed and you know they’re lying. What do you do?
Continue Reading All Answers Remain the Same

You have been served with the Motion to Compel Further Responses with a Separate Statement of Items in Dispute the size of your fist and your response is due in two weeks. Now what do you do? First, take a deep breath. 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.
Continue Reading GAME ON-The Opposition

Discovery motions are the banes of most attorneys’ existence and they are often relegated to the newbie in the office to prepare. Young associates as well as other attorneys struggle on what needs to be in the papers and exactly how to convince the court that they should win.

With the courts’ having budgetary problems and staff shortages, it is in your best interests to make it real clear to the court (1) what has happened; (2) what you want the court to do; and (3) why you are entitled to the discovery and sanctions in a succinct fashion.
Continue Reading What Should Your Discovery Motions Look Like?

Motions to compel further responses to interrogatories, requests for productions of documents and requests for admissions require that the motion be filed within 45 days. CCP §§ 2030.300(c), 2031.310(c) and 2032.290(c) Delaying the filing of the motion waives a party’s right to compel further responses. The case of Vidal Sassoon, Inc. v. Superior Court (1983) 147 Cal. App. 3d 681 at 685 (Pre-1986 Discovery Act) takes the position that the court lacks jurisdiction to order further responses after time has expired. The Second District Court of Appeal upheld this rationale in Sexton v. Superior Court (1987) 58 Cal. App. 4th 1403), 1410. So now what do you do?
Continue Reading You’ve Blown the Dreaded Draconian 45-Day Rule-Now What Do You Do?

Imagine this: At the beginning of the case you serve interrogatories asking basic information about your case. Thirty-five (35) days later you receive responses that state for every interrogatory:

“Vague, ambiguous, overbroad, burdensome, oppressive, not likely to lead to admissible evidence and the information is equally accessible to the defendant. Plaintiff further objects on the grounds of attorney client privilege and the work product doctrine. See Nacht & Lewis Architect, Inc. v. Superior Court (1996) 47 CA4th 214.

Does this sound all too familiar? The frustration level is high with attorneys as it will take at a minimum 121 days to get basic information if you have to file a motion to compel further responses. Meanwhile the court is scheduling a trial date and your discovery train hasn’t even left the station.
Continue Reading Interrogatories–You have An Obligation to Respond in Good Faith