When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. Pursuant to C.C.P. §2032.230 (pdf), plaintiff has three options:
Continue Reading Plaintiff’s Rights Regarding an Independent Medical Examination
Many times when a plaintiff answers Form Interrogatory 6.4, responds to requests for production of medical bills or prepares a settlement demand, they use the total medical bill without any regard to if the bill has been reduced or paid by another. This is because of the collateral source. The collateral source rule, which is a rule of evidence, states that Continue Reading You Can Discover How Much Was Paid for Medical Treatment
In most personal injury actions the plaintiff is served with a Notice for an Independent Medical Examination. It has become so commonplace that no one really thinks twice about the demand. However, there are a few requirements to this discovery device that defendant must comply with in order to perfect the request. Continue Reading I’ve Got This Doctor You Gotta See!
As a new year of litigation begins, here are a few significant changes to the discovery statutes that you should be aware of: Continue Reading NEW YEARS RESOLUTIONS–Statutory Changes to the Discovery Act
I am pleased to report that the California Judicial Council has approved for use Form Interrogatories—Construction Litigation (form DISC-005). The approved form will be on the Judicial Council website at http://www.courts.ca.gov/forms.htm in December and will become effective January 1, 2013.
Continue Reading CONSTRUCTION LAWYERS–YOU CAN NOW CHECK THE BOX!!
On August 14, 2012, Judge William A. Mayhew of Stanislaw Superior Court issued his Notice of Hearing on Issues Re Remand (pdf)in the case of Debra Coito v. State of California. The order requested that the following issues to be briefed:
On Monday, September 17, 2012, Governor Brown signed Assembly Bill 1875 which will limit depositions to one seven (7) hour day. This law conforms with the federal rules and becomes effective on January 1, 2013. The enactment of the legislation will add Section 2025.290 to the Code of Civil Procedure which will read as follows: Continue Reading GOVERNOR BROWN SIGNS BILL LIMITING DEPOSITIONS TO SEVEN HOURS:
A fellow Bay Area attorney contacted me about being sanctioned in excess of $5,000. He was mortified, as it was the first time he had ever been sanctioned and couldn’t believe the amount he was sanctioned under the circumstances. After I had spoken to him about his remedies, one being, a Writ (pdf), he wrote me the following e-mail.
Just wondering, but what does the phrase “acted with substantial justification” mean in the sanctions statute for motion to compel depo testimony, CCP 2025.480 (pdf)? Continue Reading Acted with Substantial Justification
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
The long awaited California Supreme Court decision on whether or not witnesses statements are protected by the work product privilege and thus not discoverable even in responding to a Form Interrogatory is in. The Supreme Court issued its opinion in Debra Coito v. Superior Court of Stanislaus County, S181812, Ct. App. F057690 this morning at 10:00 a.m. The Supremes held the following. Continue Reading Witness Statements Can Be Discoverable!!