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”
It’s a New Year and there are New Discovery Laws
After reviewing the 2023 discovery statutes, there have been changes to the following statutes:
The most significant change in the 2023 discovery statutes is the repealing of C.C.P. 2016.080 Informal Discovery Conference. See discovery blog titled “If Meet and Confer fails, Ask for Help.” Also, make sure to check your local rules and determine if your court will still use informal discovery conferences.
C.C.P. §2025.310 Deposition via remote means; Who must appear in person; Procedure
Added the second sentence to paragraph (b) which states:
If a party or attorney of record elects to be physically present at the location of the deponent, all physically present participants in the deposition shall comply with local health and safety ordinances, rules, and orders.Continue Reading It’s a New Year and there are New Discovery Laws
If Meet and Confer Fails, Ask for Help
UPDATED January 4, 2023
Effective January 1, 2023, Caifornia Code of Civil Procedure § 2016 which authorized authorized the court to conduct an informal discovery conference upon request of a party or on the court’s own motion was REPEALED.
As a Discovery Referee, I found the process helpful and incorporated it into many of my discovery orders. I encourage parties to continue using informal discovery conferences as they are productive. Agree to stipulate to extending the time to bring a motion to compel further responses in order to meet and confer in good faith. Consider bringing in a discovery referee for the limited purposed of aiding you in the process.Continue Reading If Meet and Confer Fails, Ask for Help
EXHIBIT A—The Meet and Confer Letter
The purpose of the “meet and confer” requirements set forth in C.C.P. §§ 2025.450(b)(2), 2025.480, 2030.300(b), 2031.310(b), 2032.250 and 2033.290 was for the lawyers to revisit their position, and in good faith, discuss a resolution in order to avoid unnecessary discovery motions.
Unfortunately, times have changed since the Discovery Act of 1986 went into effect. No longer can a law firm afford to have an associate sit at the knees of a respected senior partner and watch, listen, and learn without billing. No longer do lawyers have time for the “two-martini” lunch in order to get input from their colleagues about cases with which they are having trouble. No longer is the legal community so small that you know you are going to see opposing counsel again and fear their retaliation.Continue Reading EXHIBIT A—The Meet and Confer Letter