<> v. Drew (1989) 207 Cal.App.3d 1287, 1297.) Plaintiff Mercury Insurance Companys Motion to Compel Further Responses to Form Interrogatories, Set O ..Centinela Gas Station, Inc. (Centinela) (collectively, Defendants). {)-qeMFF.@WEA7}dU@@P}0PN?7wJlmR1RGMuB':ccSJF@024P;v2 LSe"UCSSu^m=Yg|lic>z ;\J pYP endobj Compelling Deponent to Answer or Produce Documents: [CCP 2025.480(f)]. when new changes related to " are available. VS. IRON MAN MOVING, LLC ET AL, OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIE, GREGORY BARTLETT ET AL VS. (CCP 2030.300, 2031.310) If your opposition is late, the court may ignore it. Unsworn responses are tantamount to no responses at all. (Appleton v. Super. This will be useful to propounding parties should they have a need to move to compel further responses - it will save time in creating the separate statements required by California Rules of Court Rule 3.1345. <> 1013 or 1010.6C.C.P. TENTATIVE RULING: 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. [See Above]. Plaintiffs Combined Motion to Compel Further Responses to Form, Special Interrogatories and Requests for Admissions, and Sanctions The extensions, found in C.C.P. A Motion to Compel is governed by Federal Rule of Civil Procedure 37 and Central District of California Local Rule 37. (Code Civ. (e) Making, without substantial justification, an unmeritorious objection to discovery. endobj Couns., Inc. v. Pac. If you wish to keep the information in your envelope between pages, Rule 3.1348. Proc., 2031.310(c); 2030.300(c). <> Legal Standard hb```B eaXhz Le \X47nz;&*zn9q fg8)k'>%kEg??mI6+9Z~Xl^sd6ob`T Li ( Rule 3.1348. 178 Some of the rules are in tension with this holding. Failure to apply the current code or rule or use a mandatory form can have serious consequences, among them, waiving the right to do whatever it was you were attempting to do, or even being sanctioned by the court. ), 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. These codes and rules dictate format, content, and deadlines. Any other text, definitions, or other information necessary to understand the above (for instance, in depositions, you may have to provide a page or two of background questions s\to frame the issues). (i) Failing to confer in person, by telephone, or by letter with an opposing party or attorney in a reasonable and good faith attempt to resolve informally any dispute concerning discovery, if the section governing a particular discovery motion requires the filing of a declaration stating facts showing that an attempt at informal resolution has been made. 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). Ask Your Own Family Law Question. 7 Even more detail and calendaring exercises may be found in the one-hour video, Calendaring in State Court: Steps and Traps for the Unwary.], Format: The motion must comply with the format requirements contained in C.R.C., Rules 3.1110 and 3.1112. (C.C.P. : II. 10 MOTIONS Once [a party] fail[ed] to serve a timely response, the trial court had authority to grant [opposing party's] motion to compel responses. (Sinaiko Health. Reply in Support of Motion to Compel Discovery, Reply in Support of Motion for Leave to File Cross-Complaint, Reply in Support of Motion for Preliminary Injunction. that will have to be applied correctly to ensure that the moving papers are complete and in the proper format, the motion is brought timely, filed in the correct place with the correct filing fee, the papers are served correctly and timely, and more. Your alert tracking was successfully added. You may access and download the courts ruling from the courts website at http://www.saccourt.ca.gov. 21 0 obj endobj California Rules of Court, Rule 3.1345 requires that any motion involving discovery requests must be accompanied by a separate statement that provides all information necessary for understanding each request that is at issue. <> 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. (12/6/18 Stipulation.) MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS April 30, 2021 1000 14 0 obj [. 180 CRC 2.111(4) (amended eff 1/1/17), Papers that may be filed in support of a motion include declarations, exhibits, appendices, and other documents or pleadings. << /Length 5 0 R /Filter /FlateDecode >> Plaintiff also refiled the Motions on March 25 and 30, 2020 with accompanying declarations and separate statements. by clicking the Inbox on the top right hand corner. Brian Leung v. Alireza Alivandivafa Plaintiff Mercury Insurance Companys Motion to Compel Further Responses to Requests for Documents, Set One, and for Monetary Sanctions is DENIED. Your credits were successfully purchased. (2) An order staying further proceedings by that party until an order for discovery is obeyed. Dept: Your recipients will receive an email with this envelope shortly and Sanctions for failure to provide discovery. 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. ), Personal Injury Non-Motor Vehicle Unlimited, PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, 1 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. ), PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS, OTHER NON EXEMPT COMPLAINTS (For Unfair Competition In Violation Of Cal. <> CASE NO. motion. (d)(2), 2033.210, subd. 9 This comprises an abuse of discovery by PLAINTIFFS for which a monetary sanction is warranted under CCP 2030.290(c). Plaintiff Mercury Insurance Companys Motion to Compel Further Responses to Form Interrogatories, Set O ..Centinela Gas Station, Inc. (Centinela) (collectively, Defendants). Except as provided in 3.1345 (b), any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. % 2030.300(a).) This Plaintiff's Motion to Compel Further Responses to various discovery includes a (1) Notice of Motion; (2) Memorandum of Points and Authorities; (3) Meet and Confer Declaration pursuant to Code of Civil Procedure section 2016.040; (4) Separate Statement of items in dispute in compliance with California Rules of Court, rule 3.1345; and (5) Proposed Order. Proc., 2031.310(c); 2030.300(c). 15 0 obj hbbd```b``~ "[d5d/L~`b {``m0 X\ Y"?&zZ vr"d10128 _= ]7 endobj 2 ?~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` Compelling Further Response to Inspection Demand: [CCP 2031.310(d)(h); CCP 2031.320 (b)]. [NUMBER] Couns., Inc. v. Pac. See California Civil Discovery Practice, 4th Edition, (CEB 2019) 3.157A citing Williamson v. Superior Court (1978) 21 Cal3d 829, 835; Hill v. endstream endobj startxref Proc., 2023.030(a). 2 0 obj Monetary sanctions: If sanctions are sought, C.C.P. Defendants' motion to compel should be denied. On March 18, 2019, Plaintiff and Centinela filed a stipulation agreeing to set aside the default and allowing it to file a responsive pleading. Proc., 2025.450(b)(2), 2030.300(b), 2031.310(b). (Code Civ. I. Hearing Date: 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). Except as provided in 3.1345(b), any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. 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. See Code of Civil Procedure 5 6 Section 1005 for more details. ^ci|kFC5iCPTZGhG9#cvwz&>2/DxHI4l zl}RtvNM,rru-mIi1n.~,aX2l:Kz pKbQ}"nDo,4noiI[6Qv,m, ,%}?T\8 Y Xem)f,]jmGnVYye^|lY5j2)_`gG<7fGyjW$6]k@ MB-Mm~S-O$ pUxqHCxPiJSN 4/30/2021 Proc., 2023.030(a). 5 Amit Lal vs University of the Pacific, a California Corporation et al. 184 This page was created by and (c) Noah Schwinghamer, a Sacramento Injury Lawyer. Show More. endobj (Code Civ. 1005(b), are just different enough from the extensions mentioned above to make it dangerously confusing (2 calendar days under one scenario; 2 court days under another). endobj Where the motion is being eFiled, there are several more and/or different requirements. (CCP 2030.300) Consultants (2007) 148 Cal.App.4th 390, 405.). Plaintiffs Motion to Compel Defendant to Provide Further Responses and Request for Sanctions is DENIED. See (Objection (Doc. endobj TENTATIVE RULING: Compelling Response to Interrogatories. v. Drew (1989) 207 Cal.App.3d 1287, 1297.) 12 and 1013 (or 1010.6 for electronic service), and possibly 12a. 3d 902, 905-906.) The motion to compel must "set forth specific facts showing good cause justifying the discovery sought by the demand." (Code Civ. endobj Your IP address has either been blocked for accessing our site too quickly, or because it is not a U.S. or North America based IPv4 Address. 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. Drafting, filing, and serving a motion to compel further responses and calendaring all associated deadlines demands strict compliance with scores of requirements. (See also Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892-893 (trial court did not abuse its discretion in denying plaintiffs motion to compel discovery as plaintiffs separate statement did not comply with the rules of court); Neary v. Regents of University of California (1986) 185 Cal.App.3d 1136, 1145 (trial court properly denied motions to compel discovery because of nonconforming separate statements). (Code Civ. These codes, rules, and forms change often! Defendant filed oppositions on February 10, 2020. ANALYSIS: Consultants (2007) 148 Cal.App.4th 390, 405.). [CCP 2030.290(c)]. <> Proc. Adding your team is easy in the "Manage Company Users" tab. Brian Leung v. Alireza Alivandivafa You can always see your envelopes (Thats only the beginning of the process!). 8 Reservations may be made by contacting the courtroom of the judge who will hear the motion. In Sacramento, motions to compel responses to discovery are heard in either Department 53 at 1:30 p.m. or Department 54 at 9:00 a.m . 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. (3) An objection in the response is without merit or too general. relies on Litigation By The Numbers (LBTN), the essential California civil practice guide updated twice yearly. California Code of Civil Procedure section 2016.040 requires that parties meet and confer in a "reasonable and good faith attempt at an informal resolution of each issue presented by the [discovery] motion." . Time in Which to Bring a Motion to Compel Further Responses. A single procedure (e.g., filing a complaint, answering a complaint, filing a motion, opposing a motion, serving discovery, responding to discovery, etc.) Except as provided in 3.1345(b), any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. >%9\%_N\>kuq%+"9$~]W-Uj^aRQ Proc., 2030.290(c), 2030.300(d), 2031.310(h); see also Code Civ. BRIAN RAFFI VS. ), Sanctions include attorney's fees. The responding party has 30 days after the service of requests to object and answer. 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/. On January 14, 2020, Defendant filed an Opposition. For further discussion of motions to compel further responses to discovery, see California Civil Discovery Practice 15.30-15.58.
