Opposition to motion to compel further responses california.
(Golf & Tennis Pro Shop, Inc. (e) Administrative Law Judge Action on the Motion to Compel There are three motions that you can bring–(1) Motion to Compel, (2) Motion to Compel Further Responses, and (3) Motion to have matters Deemed Admitted. These are notes and memoranda written by Federal Trade Commission (“FTC”) lawyers and staff regarding interviews conducted with Defendants’ customers and competitors during the To avoid the Judge denying the motion to compel on procedural grounds, if any form of response, including just objections, or unverified responses, are served; to avoid inadvertently allowing the statutory deadline to file a motion to compel further discovery responses to elapse, one should meet and confer and serve notice of motion to compel For Production Of Documents at 1-2 (January 29, 1999); and Plaintiffs' Motion To Compel Production Of Documents Responsive To Plaintiffs' Fourth And Fifth Formal Request For Production Of Documents at 1 (January 29, 1999). ” (See May 17, 2024 · The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compel answers at a deposition; (5) To compel or to quash the production Dec 18, 2023 · On receipt of the responses or further responses, counsel should immediately check the proof of service date and method of service. 95 d. Proc. Aug 5, 2010 · Motions to compel further responses to interrogatories, requests for productions of documents and requests for admissions require that the motion be filed within 45 days. , § 2023. Now what do you do? First, take a deep breath. Bostrom, Duane R. Home Page - The Superior Court of California, County of Santa Specific Motions to Compel Interrogatory Responses. Grounds For Motion – A party may move to compel responses or additional responses if the responses to interrogatories are (1) incomplete, (2) evasive, or (3) an objection is made that is either too general or without merit. law comprehensive legal database for any state court documents. Aug 16, 2018 · beach sober living, llc’s separate statement of disputed southern california recovery material facts and additional center, tml holdings, llc, and undisputed material facts in does 1 through 25, inclusive, opposition to defendants’ motion to compel further defendants. Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. R. (d) Response. 8681 (a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the . 3d 681 at 685 (Pre (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories. fadare, esq. 1348. 300 ; Sinaiko Healthcare Consulting, Inc. (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compel answers at a deposition; (5) To compel or to quash the production of documents or tangible things at a deposition; Mar 22, 2019 · REPLY TO OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSES TO (AMENDED) REQUESTS FOR PRODUCTION OF DOCUMENTS, AND FOR COSTS (TRANSACTION ID # 64527547) FILED BY PLAINTIFF BARTHOLOMEW, MARILYN A. 010. (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the requests for admission. 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. (b)(1). See CCP §§2030. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the Nevertheless, even if we assume that the trial court could properly treat defendant's objections or opposition to petitioner's motion to compel answers under section 2034, subdivision (a), as a request by defendant for a protective order under section 2019, it is clear that the trial court did not exercise or even purport to exercise the notice of motion and motion to compel further responses, without objections, to requests for admission, set no. However, one of the most common errors is to treat these motions as if they were the same – they are not. 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. ” (CCP §2031. 300(a) provides that: “On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that the answers provided are evasive or incomplete, that the notice of motion and motion to compel further responses, without objections, to requests for production, set no. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to Sep 1, 2020 · My business address is SCHNADER HARRISON SEGAL & LEWIS LLP, 650 California Street, 19th Floor, San Francisco, California 94108-2736, and my email address 5 is sarzave@schnader. 8. [#] andrequest for order awarding monetary sanctions against defendant and defense counsel in the sum of $1,060. If a propounding party is not satisfied with the response served by a responding party, he may move the court to compel further interrogatory responses. privilege objection made after a timely interrogatory response, “an objection based on 25 privilege must be made in the original response or waiver results”) (emphasis in original). On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: A Court of Appeal recently held that a motion to compel further responses is required whenever timely objections without responses are asserted. No CRC 335 statement. They are very complex and follow different rules and Jan 1, 2023 · (c) Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the Jun 24, 2016 · Rule 3. FORM INTEROGAOTIRES Oct 20, 2022 · On October 17, 2022, the California Court of Appeal, Fourth Appellate District, Division 3, issued a decision in Golf & Tennis Pro Shop, Inc. DOCX} 1 DEFENDANT’S OPPOSITION TO PLAINTIFFS’ MOTION TO COMPEL DEFENDANT’S FURTHER RESPONSES TO SPECIAL AMENDED RESPONSES The clock on a motion to compel further responses begins to run once the “supplemental verified responses” are served. Case No. 4th 390, 403. 89, 92). Brayton filed concurrently Plaintiffs’ Opposition to Defendants’ Motion to Compel Defendants’ motion seeks to compel production of Plaintiffs’ internal memoranda and notes. , SBN 245822 3 GOLDENRING & PROSSER ^^GAL PROCESS f f i A Professional Law Corporation 4 6050 Seahawk Street Ventura, CA 93003-6622 5 Telephone: (805) 642-6702 Telefax: (805) 642-3145 6 Attomeys for Plaintiffe/Cross-Defendants 7 LJT Flowers, Inc. ) Dec 12, 2020 · 8 pages 1 macauley ekpenisi, esq. ) Nov 14, 2019 · The purpose of the “meet and confer” requirements set forth in C. Sanctions for failure to provide discovery (a) Sanctions despite no opposition 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 Motions to compel further responses to written discovery must be brought within 45 days (50 days if by mail) after service of the insufficient responses. , ¶ 4. 300. 17 Complaint filed: 01/11/19 Trial Date: 09/08/20 PLAINTIFFS’ REPLY TO DEFENDANT’S OPPOSITION TO PLAINTIFFS’ MOTION TO COMPEL COMPLIANCE AND FURTHER RESPONSES TO DEMANDS FOR PRODUCTION AND INSPECTION OF DOCUMENTS AND OTHER TANGIBLE THINGS, SET ONE, AND FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS Motions to compel versus motions to compel further responses. All of them have their place in your discovery plan but two of them --Motion to Compel Further Responses and Motions to Have Matters Deemed Admitted must be in your arsenal. , SBN 79387 JAMES E. Nov 15, 2020 · Rules of Court, rule 3. (sbn: 296326) adedoyin a. (Code Civ. , No. 250 and 2033. Aug 23, 2021 · 61 pages 1 PETER A. , and Judicial Council forms for commonly-encountered tasks in California state court civil litigation cases, and explains them, step-by-step. 89, 92, 114, 121] 17 18 On August 9, 2016, Plaintiff filed a motion to compel further 19 discovery responses from Defendant Donoghue and a motion to compel 20 further discovery responses from Defendant Davis. ) It is Feb 22, 2022 · NOTICE OF MOTION AND MOTION TO COMPEL FURTHER VERIFIED RESPONSES TO THE PEOPLE OF THE STATE OF CALIFORNIA’S SPECIAL INTERROGATORIES AND REQUESTS FOR PRODUCTION TO DEFENDANTS, AND FOR A TRIAL CONTINUANCE AND MONETARY SANCTIONS [Separate Statement and Declarations of Michael J. 300(c), 2031. (ECF Nos. dba Jul 3, 2023 · motion to compel further responses to discovery if parties fail to schedule and complete an IDC before the scheduled hearing on the motion. Rule 3. Superior Court , 2022 Cal. Section 2031. Using these dates, calculate and calendar the last day to file a motion to compel further responses. m. Among other things, Respondents have completed productions in response to Complaint Counsel’s request for Oct 23, 2018 · A critical but often neglected (or haphazardly prepared) document which is necessary when making a motion to compel further responses to written discovery is the "separate statement” which is required under Rule 3. Dept: 302 Action Filed: October 15, 2019 Trial Date: March 8, 2021 Plaintiff This sample opposition to a motion to compel further responses to interrogatories for California can be used to oppose a motion to compel on several grounds including, That the opposing party has already provided adequate responses to the interrogatories, The motion to Compel is essentially arguing about form over substance as the motion to Motion to Compel Discovery Responses; Motion to Deem Facts Admitted; For more, visit our “Search by Topic” page. CLARK, ESQ. § 2030. There can be no doubt that motions to compel discovery (“MTC”) and motions to compel further responses to discovery (“MTCFR”) are the most common of all discovery motions. Though they appear to be the same motions you would use for May 3, 2023 · A motion to compel further responses to a request for production of documents must “set forth specific facts showing ‘good cause’ justifying the discovery sought by the demand. May 13, 2018 · This is why Code of Civil Procedure section 2030. CIVDS1 723565 Motion to Compel Further Responses to Request for ProductioBK Tentative Ruling: ’ PrimeCare largely repeats the same objections for many requests. Mar 16, 2023 · Upon receiving further verified responses, the 45 day timeframe within which to compel further responses begins. Code Civ. Motions to compel further responses to interrogatories, requests for productions of documents and requests for admissions require that the motion be filed within 45 days. See CEB California Civil Discovery Practice, §8. MOTION TO COMPEL FURTHER RESPONES TO SPECIAL INTERROGATORIES SELARZ LAW CORP. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the Apr 7, 2011 · There are three motions that you can bring--(1) Motion to Compel, (2) Motion to Compel Further Responses, and (3) Motion to have matters Deemed Admitted. 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. If the motion to compel is denied in whole or in part, the court may issue a Rule 26(c) protective order and must, after giving an opportunity to be heard, require the movant, the attorney filing the motion, or both to pay the party or deponent who opposed the motion its reasonable expenses incurred in opposing the motion, including attorney Aug 3, 2004 · Exhibit 3. 300(a)]. 21] Currently before the Court is Defendant’s May 18, 2021 Motion to Compel a Rule 35 Mental Health Examination of Plaintiff [ECF No. GOLDENRING, ESQ. Prepare your meet and confer letter in a form that can easily be lifted when preparing your motion to compel and separate statement, if this becomes necessary. 290(c) Delaying the filing of the motion waives a party’s right to compel further responses. ) Likewise, the party receiving further verified responses is to meet and confer is required before filing a motion to compel further responses. Read court documents, court records online and search Trellis. Since such a response was served, the motion to compel responses to the form interrogatories is moot. (c). Blue Cross of California et al. Jul 28, 2019 · Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. App. 5th 127, 136. , §§ 2030. , SBN 62445 2 EDWIN S. On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: A motion to compel disclosure or discovery pursuant to Rule 37 must be brought in the court where the action is pending. Apr 5, 2019 · Defendant opposes 26 the motion on the grounds that (1) Plaintiffs have failed to show good cause as to why this 27 information is relevant and (2) Plaintiffs have failed to provide evidence showing that there is 28 {02360044. Motions to Compel Further Responses Interrogatories California C. 300 and is used when a party has served special interrogatories but the responses received are evasive or incomplete, or the objections are without merit or are too general. 2 identified the amount allegedly Specific Motions to Compel Interrogatory Responses. CITY OF LOS ANGELES’S SEPARATE STATEMENT IN OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSES TO . , SBN 166532 MATTHEW W. 00; memorandum of points and authorities filed concurrently with separate statement; declaration of daniel e. 6 I caused to be served the following document(s) and by the following means: 7 OPPOSITION BY DEFENDANT FORD MOTOR COMPANY TO PLAINTIFF’S MOTION TO COMPEL Aug 3, 2013 · This sample California motion to compel further responses to special interrogatories is made pursuant to Code of Civil Procedure Section 2030. , § 2030. Caldwell] San Francisco Superior Court Case Number 303 753 your young associate to file a motion compel further responses. ) Absent a claim of privilege or attorney work product, the party who seeks to 2024 California Rules of Court. If I am composing an OPPOSITION to such a motion, do I have to include a separate statement also? (2) To compel further responses to interrogatories; > > Read More. Rider and stop him from participating in this lawsuit, defendants now move May 22, 2020 · Hill claims that because plaintiffs failed to bring a timely motion to compel further responses to form interrogatories pursuant to section 2030. 1345, Plaintiffs respectfully submit this Separate Statement of Items in Dispute in further support of th eir Motion to Compel Further Responses to First Set ment for filing a motion to compel dis-covery responses. §§ 2025. 310(b)(1). He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. : 301 time: 9:00 a. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the insufficient Motion to Compel Discovery Superior Court of California Los Angeles Timing 45 Days After Insufficient Responses to Written Discovery. a professional law corporation 3 14401 gilmore street. CCP §§ 2030. See G olf & Tennis Pro Shop, Inc. All of them have their place in your discovery plan but two of them –Motion to Compel Further Responses and Motions to Have Matters Deemed Admitted must be in your arsenal. P. Pacific Healthcare Consultants (2007) 148 Cal. 310(c), and 2031. 310 - Motion for order compelling further response (a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. , Suite 702 Los Angeles, California 900 49 T: 310. 1 stated its 2 PLAINTIFF’S REPLY TO DEFENDANTS’ OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET ONE) AND FOR MONETARY SANCTIONS OO 00 NN A n A W N N O N N O N N N N N O D m o m m e contention that Windsor owed it money, and AUCRA’s response to No. Jan 1, 2023 · (i) Except as provided in subdivision (j), if a party fails to obey an order compelling further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023. ' s Opposition to Plaintiffs' Motion to Compel; Declaration of Susan L. 010). FRCP 37(a)(2) (amended eff 12/1/15) > > Read More. (Subd (a) amended AMENDED RESPONSES The clock on a motion to compel further responses begins to run once the “supplemental verified responses” are served. 1347. December 13, 2019. , ste 203 van nuys ca 91401 4 tel: 818-668-3359 fax: 818-561-3660 5 email: oceanbridgelaw@gmail. A motion to compel against a non-party must be brought in the court in the district where the discovery is taken. For the reasons set forth below, Defendant’s motion is DENIED. Jared Decl. Hung,Deputy Clerk 1 PEIRANO & ASSOCIATES, INC. 2030. ” Warning! Do not use this guide for Demurrers or Summary Judgment/Adjudication motions. com 6 attorneys for plaintiff: dominique richmond 7 the superior court of the state of california 8 county of kern 9 10 dominique (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023. 300, subdivision (c), expressly uses the phrase "or any supplemental verified response". For example, “HUN? Primecare asserts that requests are vague, ambiguous, overbroad, unduly burdensome, assume facts n… Feb 23, 2018 · California Rule of Court 3. Search or click on your topic of interest, then scroll down to “Research Guides. The motion is filed and served. [CCP 2030. 290 was for the lawyers to revisit their position, and in good faith, discuss a resolution in order to avoid unnecessary discovery motions. Twenty days later you get the tentative ruling--“Motion Denied. OPPOSITION TO PLAINTIFFS' SEPARATE STATElV1ENT IN SUPPORT OF MOTION TO COMPEL FURTHER JURISDICTIONAL DISCOVERY [Filed concurrently herein with Sporting Arms and Ammunition Manufacturers' Institute Inc. Superior Court (2022) 84 Cal. CRC 335(a) states that “(a)ny motion involving the content of a discovery request or the responses to such a Jun 16, 2020 · 9. 290(b) , 2031. A Court of Appeal recently held that a motion to compel further responses is required whenever timely objections without responses are asserted. 300(b) and 2033. 010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other In your meet and confer letter, discuss the objections offered, state that they are inapplicable, and state the basis of a further response. selarz, (c) Unless notice of this motion is given within 45 days of the service of the response, or any supplemental response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the requests for admission. 410, fails to appear for examination, or to proceed Jul 12, 2024 · A motion to compel further response to a demand for production under CCP §2031. CGC-19-580012 DISCOVERY PLAINTIFF'S SURREPLY TO REPLY RE: MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORES, SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND OPPOSITION TO MOTION FOR SANCTIONS Date: July 22, 2020 Time: 9:00 a. Of course, you will have to meet and confer regarding the further/supplemental responses before you bring a motion to compel further responses as to those further/supplemental responses. LAVERE, ESQ. 040; (4) Separate Statement of items in dispute in compliance with California Rules of Court, rule 3. 310(c) is untimely when the motion is made more than 45 days after service of the response, even when the motion is brought less than 45 days after the date set for production. The response must contain adequate justification for that party’s objections, or argument showing why the party’s answers to the discovery requests at issue were sufficient. On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: dba skylark limousine’s opposition to motion to compel further responses and to strike defendant’s objections to plaintiff’s request for admissions, set one hearing: dept. Section 2025. (d) In a Aug 16, 2018 · Electronically Filed by Superior Court of California, County of Orange, 06/16/2020 02:57:00 PM. 1345 of the California Rules of Court. , C. ) However, it declined to state whether any such motion to compel further responses should be subject to time limitations. C. 300(b), 2031. (CCP §§2030. ”)]. Aug 9, 2018 · AUCRA’s response to No. Dec 21, 2016 · Deadline to file documents opposing a petition to compel arbitration in California The deadline to file and serve your documents opposing a petition to compel arbitration in California is at least nine (9) court days before the hearing and your opposition should be served by personal delivery or overnight mail pursuant to Code of Civil If the other party fails to respond adequately, a motion to compel further responses may be necessary. Dept. LEXIS 855 . 30 pages Electronically FILED by Superior Court of California, County of Los Angeles on 09/25/2019 06:04 PM Sherri R. responses to form interrogatories and special interrogatories and related The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compel answers at a deposition; Discovery in this matter has been delayed due to Plaintiff counsel's refusal to produce Plaintiff for a deposition (Plaintiff's deposition has been noticed at least 6 times but a Motion to Compel has not been filed as a professional courtesy due to COVID-19), respond to written discovery (a Motion to Compel initial responses was filed then Motion to Compel Discovery Superior Court of California Orange Timing 45 Days After Insufficient Responses to Written Discovery. 1 1777 San Vicente Blvd. 1345; and (5) Proposed Order. Compelling Further Responses After Insufficient Responses. Interrogatories. 9349, 2012 FTC LEXIS 30, at *6(F. 310(c) and 2032. g. County of San Bernardino v. 300, subd. PROSSER, ESQ. 651. MOTION TO COMPEL RULE 35 MENTAL HEALTH EXAMINATION [ECF No. . Feb. Sandvick, JD, PhD. [ECF No. YAMASAKI, Clerk of the Court By e Clerk, Deputy Clerk. 6/ United States' Consolidated Response In Opposition To Plaintiffs' Motion To Compel (2) To compel further responses to interrogatories; > > Read More. Superior Court (1983) 147 Cal. 2 . These consequences can be eliminated by using LBTN, which pulls together the C. Evasive or Incomplete Disclosure Jan 15, 2022 · If your opposition is late, the court may ignore it. 21 (“MTC”)], and Plaintiff’s May 24, 2021 Opposition [ECF No. 00 (2)(c). ) Counsel is required to meet-and-confer before filing motions to compel further responses. com. Carter, Executive Officer/Clerk of Court, by K. 13, 2012) (denying a motion to compel the production of documents as “unreasonably cumulative or duplicative,” where the respondents were already in possession of those documents). Be sure to consider any prior agreements entered into with opposing counsel to extend the time to compel. selarz, (2) To compel further responses to interrogatories; > > Read More. The motion to compel responses to special interrogatories is moot. Clinton M. Jan 1, 2023 · (a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. C. 290(c) Delaying the filing of the motion waives a party's right to compel further responses. responses are served before the hearing, providing: “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 Aug 3, 2022 · SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL Pursuant to California Rule of Court § 3. On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: Jan 22, 2022 · This article was co-authored by Clinton M. 450 - Motion to compel deponent testimony and production (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025. This is the time you decide when to "hold them and when to fold them" because how you respond may end up setting the tone between you and opposing counsel for the entire case. The City is a public. , untimely responses containing objections, unverified responses without objections, or no Jun 26, 2023 · Summary. App. May 30, 2018 · 1 ofArticle XIII C the California Constitution, and an "agency" as defined by subdivision ofSection 2 Article XIII D the California Constitution. 8685 • F: 310. The answering or objecting party may file a response to the motion to compel. 310(b), 2032. date: august 30, 2021 to this court, all parties herein and to their attorneys of record: electronically f i l e d superior court of california (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding party have agreed in writing, the demanding party waives any right to compel a further response to the demand. Lyons, and Andrew M. 1345 states that a "separate statement" is required when filing a motion to compel responses or further responses to a discovery request. Motion to compel further discovery responses Where responses have been provided to propounded discovery requests, but those responses are deemed insufficient, the following law provides a basis for a motion to compel further responses: Pursuant to Code of Civil Procedure, Motion to Compel Discovery Superior Court of California Contra Costa Timing 45 Days After Insufficient Responses to Written Discovery. T. The case of Vidal Sassoon, Inc. 480, 2030. Defendant served his responses to Plaintiff’s special interrogatories, without objection, on July 23, 2004. (sbn: 350914) 2 oceanbridge law firm, apc. 23 (“Oppo. ” What do you do? You are in a real dilemma now. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; Motions to compel further responses to interrogatories or document requests must be made within 45 days after service of the response, extended 5 days if served by mail in California; otherwise, the propounding/demanding party waives any right to compel a further response. 6 or 1013 and 1170. 300, subdivision (c) following Hill's "initial failure to sufficiently respond to Form Interrogatory 15. The guide outlines the steps to meet and confer with the opposing party, reserve a hearing date, write the motion, serve it, and file it in court. Discovery motions in summary proceeding involving possession of real property (a) Notice In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a discovery motion must be given in compliance with Code of Civil Procedure sections 1010. 280 . Sandvick worked as a civil litigator in California for over 7 years. v. The Courts will decide motions to compel responses to discovery in the first instance, e. 450(b)(2), 2025. 1" on October 9, 2014, plaintiffs "waived their right to file motions to compel responses and/or Jan 1, 2016 · (2) To compel further responses to interrogatories; > > Read More. 230, without having served a valid objection under Section 2025. 26 See Plaintiffs’ Separate Statement in Support of Motion to Compel Further Responses to Request for Admissions, Set One, Propounded on Defendants Kamala Sep 9, 2010 · You have been served with the Motion to Compel Further Responses with a Separate Statement of Items in Dispute the size of your fist and your response is due in two weeks. 30-2018-01012750-CU-MC-CJ C - ROA #235 - DAVID H. PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION TO COMPEL DISCOVERY FROM PLAINTIFF TOM RIDER AND FOR SANCTIONS, INCLUDING DISMISSAL INTRODUCTION Continuing their quest to overwhelm the Court with paper, derail the merits of this litigation, harass Mr. tukzladplbwfzpljxkbb