Consider the following question I received from a defense attorney.
“Plaintiff timely served updated verified responses to Form Interrogatories, Set #1, #6.4, 8.4, 8.6, 16.1- 16.8 and 17.1 (RFA #5) pursuant to a Supplemental Interrogatory request. Instead of providing the information requested in the interrogatories, Plaintiff responded to each of the interrogatories with the following response:
There are two significant changes to the Discovery Act this year: C.C.P. §2016.090 and C.C.P. §2023.050. My California Civil Discovery: Chart for the Everyday Litigator has been updated to reflect these changes.
Code of Civil Procedure §2016.090—Initial Disclosures
Effective January 1, 2024, Code of Civil Procedure §2016.090 allows a party to serve a demand for Initial Disclosure. The
According to the Second District Court of Appeal in the family law case of In Re Marriage of Rangell decided on September 28, 2023 the answer is YES! The Court of Appeal found that the husband had violated numerous family court orders for over two years and that the court’s imposition of sanctions pursuant to Family
Proving allegations are false is like peeling an onion. You need to have a specific discovery plan to attack the falsity of the claims.
Many motions for terminating sanctions are denied due to the papers being deficient due to a lack of a showing of abuse and prejudice.
The Onglyza Product Cases, A165387 decided on April 19, 2023 by the First District Court of Appeal is a case to be aware of.
The case involved 13 California state cases coordinated under a Judicial Council Coordination proceeding (JCCP) regarding the drug of Onglyza and Kombiglyze which contained the active ingredient saxagliptin a medicine for
After reviewing the 2023 discovery statutes, there have been changes to the following statutes:
The most significant change in the 2023 discovery statutes is the repealing of C.C.P. 2016.080 Informal Discovery Conference. See discovery blog titled “If Meet and Confer fails, Ask for Help.” Also, make sure to check your local rules and
A party cannot rely solely on C.C.P. 2023.010 in bringing a motion for discovery sanctions.
A common area ob abuse occurs when attorneys instruct a witness not to answer a deposition question.
One of the most common questions I am asked is: when does the clock start regarding bringing motions to compel written discovery? The statutes all contain the same language, but it’s not that easy to decipher. Below is a list of scenarios with the applicable statutes and case law regarding the different responses you may
