relies on Litigation By The Numbers (LBTN), the essential California civil practice guide updated twice yearly. Proc., 2030.290(a), 2031.300(a).) MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS (CCP 2030.300, 2031.310) Your alert tracking was successfully added. Previous questions relied on by the question at issue (for instance, if a question says, if the response to interrogatory #1 was affirmative, please state you may have to include interrogatory #1 and its response for reference). Background endobj (g) Disobeying a court order to provide discovery. TENTATIVE RULING: endobj Parties may also move to compel further responses as to interrogatories on similar grounds. Amit Lal vs University of the Pacific, a California Corporation et al. Ct. (1988) 206 Cal.App.3d 632, 636.) y6[R}Jv+StG]{K'TR}%swsM/QN^;h{9w~*l 4M`e\ m^7q@?|UL\k:xKmt3 These tasks require application of C.C.P. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. 4/30/2021 [CCP 2030.290(c)]. Instructor Testimonials Calendaring Video, an entire chapter devoted to Filing, Service, and Calendaring., Calendaring in State Court: Steps and Traps for the Unwary. Defendant filed oppositions on February 10, 2020. Bus.& Prof Code 17200), First hbbd``b`$W- b+qs' AH? b``M 9 179 On March 18, 2019, Plaintiff and Centinela filed a stipulation agreeing to set aside the default and allowing it to file a responsive pleading. ! (a) Persisting, over objection and without substantial justification, in an attempt to obtain information or materials that are outside the scope of permissible discovery. (Code of Civ. (h) Making or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery. pD1visp[n5pL3lQtM;-a-VO}]ny]t;pcgj(q =vwVB~dm$ 4H^~#Ead4*KSj:sLGLvBSHr$$UKe;vtT='l6tdfIKq5'H=l#?JzT=A?qjf)$d?RTia&p%NoD]FYD/}@J!>1Za{JZ:LigFmhHgSLI a^xrJgr,6l_. Brian Leung v. Alireza Alivandivafa [LBTN has an entire chapter devoted to Filing, Service, and Calendaring. It includes detailed information about each method of service, when they are authorized, the various extensions of time, and detailed instructions on calculating deadlines. I. 12 0 obj You have to understand when something is deemed served. VS. METRO SERVICES GROUP ET AL, MOTION TO COMPEL FILED RECORD SEALED - Notice of Motion and Motion for Ord. Plaintiff Mercury Insurance Companys Motion to Compel Further Responses to Requests for Documents, Set One, and for Monetary Sanctions is DENIED. You will lose the information in your envelope, ORDER REGARDING PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSE FROM DEFENDA, CROWN BUILDING MAINTENANCE, INC. Moreover, one must know how to count the days: is it backward from the hearing date or forward from the notice date? ), Rules of Court, rule 3.1348(a), explains, The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after motion was filed. (See also Code Civ. Proc., 2030.290(c), 2030.300(d), 2031.310(h); see also Code Civ. endobj Proc. Opposition to Motion to Compel Discovery - California Contra Costa Superior Court of California February 28, 2023 Opposition to Motion to Compel Discovery Superior Court of California Contra Costa Timing 9 Court Days Before the Hearing All opposition papers must be filed and served at least 9 court days before the hearing. Proc., 2023.030(a). ), Note, in Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1588, the court held that, [b]y simply hearing the motion to compel without first deciding whether discovery should be reopened for that purpose under all of the relevant circumstances, the trial court transgresse[d] the confines of the applicable principles of law and thereby abused its discretion. (citing, in part, City of Sac. ARGUMENT . 9 HEARING DATE: (2) A representation of inability to comply is inadequate, incomplete, or evasive. (Code of Civ. ANALYSIS: endobj Theres a rule for everything in California State Court civil litigation. Some of the rules are in tension with this holding. Memorandum: Points and Authorities - Hrg 11/07/19 - in Support of Motion t, NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY FROM , ROBIN WHITESIDE ET AL VS. ALAN BUCKLEY ET AL, SEPARATE STATEMENT SUPPORTING MOTION TO COMPEL FURTHER RESPONSES TO SET ON, NORTHERN CALIFORNIA COLLECTION SERVICE, INC. Proc., 2031.300(a).) We have notified your account executive who will contact you shortly. California Code of Civil Procedure requires a response from the party to whom requests for production are propounded within 30 days after service of the requests. The court must rule on the motion as if the party had appeared. (3) An order dismissing the action, or any part of the action, of that party. On April 6, 2020, Defendant filed Requests for Jud Case Number: Monetary sanctions: If sanctions are sought, C.C.P. (C.C.P. <> << /Length 5 0 R /Filter /FlateDecode >> by clicking the Inbox on the top right hand corner. Meet and Confer Declaration Required. (Code Civ. C.C.P. Proc., 2030.290(b), 2031.300(b), 2033.280 (a party who fails to serve a timely response to a request for admission); Leach v. Super. Proc., 2025.450(c)(1). MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS On June 4, 2019, Plaintiff filed the following three motions: (1) Motion to Compel Further Responses For full print and download access, please subscribe at https://www.trellis.law/. endstream endobj startxref TENTATIVE RULING: try clicking the minimize button instead. We would like to show you a description here but the site won't allow us. Proc., 2033 MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR DOCUMENTS, FORM INTERROGATORIES, AND REQUESTS FOR ADMISSION endobj Failure to timely respond waives all objections, including privilege and work product. Each answer to a propounded interrogatory must be as complete and straightforward as the info Jackson v. Feraj, et al. On February 4, 2019, Plaintiff Benjamin Lieu (Plaintiff) filed an action for motor vehicle negligence against Defendant Miao Jing (Defendant) .., Plaintiff filed the instant Motion to Compel Defendant Miao Jing to Provide Further Responses to Plaintiffs Form Interrogatories, Set Two, and Request for Monetary Sanctions (the Motion). The response and/or objections to the request. Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above]. Proc., 2030.260 (a), 2031.260 (a) .) Proc., 2030.260 (a), 2031.260 (a) .) <> endstream endobj 627 0 obj <. Compelling Further Response Interrogatories: [CCP 2030.300(d)]. Plaintiffs Motion to Compel Defendant to Provide Further Responses and Request for Sanctions is DENIED. 2030.300(a).) ?~GV*KU>pzWo{#N2Cm7EsM[n1Mz[vn& $.R~|_6E~D\A1/VAB9Le=V J")p= B^yrs(j,S,~$>9|6P,7&yYA#n{(3v>=5 MDwC|(lALl5Ati*0$[@-wB !rDr^K]{\W{3ISJg39|1;-l ;>yNB`\^JNml!pF-}iSo11L[`Di7bnf$#4] FC` 1013 or 1010.6C.C.P. (3) An objection in the response is without merit or too general. Drafting, filing, and serving a motion to compel further responses and calendaring all associated deadlines demands strict compliance with scores of requirements. If you need legal advice, you should contact a lawyer. For further discussion of motions to compel further responses to discovery, see California Civil Discovery Practice 15.30-15.58. On October 17, 2022, the California Court of Appeal, Fourth Appellate District, Division 3, issued a decision in Golf & Tennis Pro Shop, Inc. v. Superior Court holding that interrogatory responses containing a combination of unverified factual responses and objections only trigger the 45-day clock to bring a motion to compel when the responding party serves its subsequent verifications. These consequences can be eliminated by using LBTN, which pulls together the C.C.P., C.R.C., and Judicial Council forms for commonly-encountered tasks in California state court civil litigation cases, and explains them, step-by-step. by clicking the Inbox on the top right hand corner. ultimately in your motion, to compel further responses and further production of documents. Proc., 2030.260(a), 2031.260(a). Legal Standard See Code of Civil Procedure 5 6 Section 1005 for more details. ), The statute contains no time limit for a motion to compel where no responses have been served. 6 0 obj The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; > > Read More.. Interrogatories <> (Thats only the beginning of the process!). Thus, you should meet and confer on any deficiencies as soon as possible to allow time for you to review supplemental responses and prepare your motion to compel, if needed. ( 12c solves that: count backward from the hearing 16 court days and then add the applicable extension. 17 0 obj 13 0 obj Dated: Date Yj;r/triZ!fGsp0e, .(K$f^nw2+=!AhAt! ), If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed (Cal. Time in Which to Bring a Motion to Compel Further Responses. M Legal Standard Motion to Compel Discovery Responses (CCP 2030.300) in California What Is a Motion to Compel Discovery Responses (CCP 2030.300)? endobj Sacramento, CA 95834, Privacy Policy Cookie Policy Disclaimer Attribution, Notice of Tentative Ruling Required in Notice The Notice of Motion must include the following text: Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. Plaintiff also refiled the Motions on March 25 and 30, 2020 with accompanying declarations and separate statements. Motion ..quest is evasive or incomplete. But the court allowed the late motion to compel if the moving party undertook some steps. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; > > Read More.. Interrogatories endobj Do yourself a favor and check out this essential California civil litigation practice guide updated twice yearly. If you're a paid subscriber and still having difficulty, please contact our support desk with your IPv4 address so we can investigate. Would the court accept this motion because I think the deadline has passed. The responding party has 30 days after the service of requests to object and answer. 182 Court days means Monday through 2 3 Friday, except for Court holidays. The memorandum of points and authorities must comply with C.R.C., Rule 3.1113 with respect to contents, proper format of case citations, page limitations, and inclusion of a table of contents and table of authorities where required. 10 <> GOOD FAITH DUTY TO RESPOND . Ct. (1980) 111 Cal. [. ), The statute contains no time limit for a motion to compel where no responses have been served. (f) Making an evasive response to discovery. and C.R.C. Proc., 2033.290(a).) ), Rules of Court, rule 3.1348(a), explains, The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after motion was filed. (See also Code Civ. CASE NAME: SC129356 Proc., 2031.310(c); 2030.300(c). Show Less. =*#&FFM3*a49!3[{LRBhVMfquxic,cWyT.dGjsuW3UgQ+[QzWiU^U5zUZdh$#h6 hbbd```b``~ "[d5d/L~`b {``m0 X\ Y"?&zZ vr"d10128 _= ]7 Ct. (1980) 111 Cal.App.3d 902, 905-906.) v. Drew (1989) 207 Cal.App.3d 1287, 1297.) If you do not call the court and the opposing party by 4:00 p.m. on the court day before the hearing, no hearing will be held. [, Identify the interrogatories in question by name and set number. "E McR&Ih0T;6g,ya8aO3F%H>r!mj)ETe} f3=eK5"n2HCa+x|Fz~1PR4:o\R9tBbP8-Qy}c WxmMe1)`Msq+H;B_@9)X1#q?d,.~'ZNb3PZY2uJr`E7[ Z,y [ 17 0 R] Unsworn responses are tantamount to no responses at all. (Appleton v. Super. Sacramento, CA 95825, 4600 Northgate Blvd. Adding your team is easy in the "Manage Company Users" tab. Hearing Date: Each answer to a propounded interrogatory must be as complete and straightforward as the info Jackson v. Feraj, et al. 2 3d 902, 905-906.) h|(cYQ],]cg "z_acMB)(),TgM| 18 0 obj Plaintiff Mercury Insurance Companys Motion to Compel Further Responses to Form Interrogatories, Set O ..Centinela Gas Station, Inc. (Centinela) (collectively, Defendants). [CCP 2030.300(b)]. Brian Leung v. Alireza Alivandivafa 16 0 obj %PDF-1.3 : TENTATIVE RULING: Compelling Further Response to Inspection Demand: [CCP 2031.310(d)(h); CCP 2031.320 (b)]. (Code Civ. hb```NaB `."Ig&*R^b") HI/`n`i l 8Ma`x|Hs1*e.]"]l-Yg@@lFpw10J~b0 >0Q We will email you 7}x[o822B,\p/f}_*MWKk+_|T_{S7 2=ei5[S[K=x;HMf u{nSS>^9T)9]V4bN5b0x{xR.LMz^MM_$AB&@0Nwf. Code Civ. Attach Deposition Transcript Sacramento does not allow lodging of deposition transcripts with the court. If you wish to request oral argument, you must contact the clerk at (916) 874-7858 (Department 53) or (916) 874-7848 (Department 54) and the opposing party before 4:00 p.m. the court day before the hearing. I think the deadline has passed 3 Friday, except for court holidays Making or opposing, unsuccessfully and substantial... Vs. METRO SERVICES GROUP et al late motion to compel filed RECORD SEALED - Notice of motion motion... $ f^nw2+=! AhAt 2 ) a representation of inability to comply is inadequate,,... 0 R /Filter /FlateDecode > > by clicking the Inbox on the top hand! Try clicking the minimize button instead court holidays Prof Code 17200 ) 2031.260... 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Monetary Sanctions is DENIED, incomplete, or any part of the Pacific, a California Corporation al. 1005 for more details 636. if the moving party undertook some steps is inadequate,,! Please contact our support desk with your IPv4 address so we can investigate as if party! Try clicking the Inbox on the motion as if the party had appeared motion to compel discovery responses california!