Separate Statement

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Over the years, I have heard numerous motions for issue, evidence and  terminating sanctions. I found that it is difficult to rule on motions for issue and evidence sanctions if the Separate Statement is not complete. If the Separate Statement does not fully explain what you are asking for and specifically describe the numerous discovery requests and the deficiencies in the responses you received regarding the specific issue or evidence your requesting an order on, the record will not allow me to recommend sanctions beyond monetary sanctions. Continue Reading Prepare a Winning Separate Statement for your Motion for Issue and Evidence Sanctions 

Having reviewed thousands of Motions to Compel Further Responses over the years, I rely heavily on the separate statement filed with these motions.  Unfortunately, I find that many of the separate statements are deficient and not in compliance with Rule 3.1345 of the California Rules of Court.  This inevitably hurts the moving party as I search for the information that should have been in the Separate Statement. However, beware, Courts routinely deny these motions when the separate statement fails to be in compliance with CRC, Rule 3.1345.Continue Reading Does Your Separate Statement Contain All the Required Information for a Motion to Compel Further Responses?