california discovery objections, request for production

The Sedona Conference asserts that: Any increase in scope gained by such language is likely to be offset by wasted time spent resolving objections or narrowing the scope of the request, or by motion practice in which the request may be viewed as overbroad., Bogging down requests for specific documents with the any and all preamble usually serves to draw objections and delay production. seq require specific statements in your response. Where a discovering party uses absolute language, the following exchange is typical: By RFP No. [d]esignate the documents . Serving [a]ppropriate written interrogatories are one of the means to accomplish the general goals of the discovery process designed to facilitate a fair trial. (Juarez v. Boy Scouts of America, Inc. (2000) 81 CA4th 377, 389), Interrogatories expedite the resolution of lawsuits [by detecting] sham claims and defenses [and] may be employed to support a motion for summary judgment or a motion to specify those issues which are without substantial controversy. Deyo v. Kilbourne (1978) 84 CA3d 771, 779, Following are some sample objections to overly broad discovery requests, including applicable legal authority. 1. 3d 313 (1986), wherein a request was found burdensome and oppressive because responding would require the review of over 13,000 case files. is being made. On September 3, 2003, defendant responded to both discovery requests with boilerplate objections, including attorney-client privilege and work product privilege. Physician/ Psychotherapist-patient privileges. . Responding party objects to this request to the extent it seeks information protected from disclosure by the attorney-client privilege and/or work product doctrine, or any other applicable privilege. Objections. Federal Rule of Civil Procedure 34(b)(2) Primer: Practice Pointers for Responding to Discovery Requests, 19 Sed.Conf.J. R. Civ. In reviewing the response, it is likely you are focusing in on the fact that there are garbage objections to your request and that you werent provided a privilege log. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. Without waiving, responding party states that all responsive, unprivileged, known, and reasonably available documents will be produced by Defendant, if they have not already been produced to Plaintiffs. Proc. Financial Documents - Privilege Rights v. Right of Discovery See Evidence Code Sections 952 and 954; Code of Civil Procedure Section 2018.030; L.A. County Bd. Responding party objects that plaintiff has equal access to these documents. By RFP No. The court then separated the motions to compel from the motions to strike and refused to rule on the motion to strike stating There is no such motion.Is the court correct?. Have you also noticed that despite months of meet and confers you still dont have a determination whether or not documents exist; and if they do exist, why they arent being produced? Rule 34 of the Federal Rules of Civil Procedure provides for discovery and inspection of documents and things in the course of developing a case for trial. it may have relating to that electronically stored information. Responding party objects as it invades their and third parties' right of privacy. (Code of Civ. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Civil Discovery Practice, supra 8.54.)"). E-Discovery was always possible under California law, but until recently there were no special provisions for the production of electronically stored information ("ESI"). Continue Reading DISCOVERY GAMES AND MISCONCEPTIONSWhat is Wrong with this Document Response? Sandoz, Inc. v. United Therapeutics Corp., 2021 WL 287874, at *1 nn. 20, 2021), a party requested [d]ocuments sufficient to disclose annual revenue. Ms. Thompson practiced family law in San Francisco and was also a professor at the University of San Francisco School of Law. Continue Reading DISCOVERY GAMES AND MISCONCEPTIONS Is the Court Correct That There is No Motion to Strike in Discovery? FOR MORE INFORMATION . KFC 1020 .C35 Craig Ball described any and all preservation requests as a boil the ocean approach. Digital Detectives, What Makes a Presidential Letter Presidential (Legal Talk Network Jan. 30, 2018). For instance, parties and third parties generally can claim financial privacy protecting bank records, although the applicability of this privilege is not as clear in family law cases, particularly as related to the parties' records. Paul Grimm, Charles Fax, and Paul Sandler, Maryland Discovery Problems and Solutions (Md. In Makers Mark Distiller, Inc. v. Spalding Grp., Inc., 2021 WL 2018880 at *8 (W.D. By objecting and identifying information of a type or category of source or sources The Workers' Compensation Appeals Board (WCAB) also affirmed the judge's Protective Order, so that the documents that were ordered produced would not be available to anyone outside the scope of this litigation. Responding party objects that the request fails to specifically describe each individual item sought or reasonably particularize each category of item sought. One must also provide a statement of compliance or inability to comply when the request is only objectionable in part. California Code of Civil Procedure (CCP) 2031.210 et. The issue is over an asserted attorney client privilege. Number of Interrogatories. App. In this blog I have asked that lawyers write in if there was a topic they would like me to address. The Department objects to each Interrogatory and Request insofar as it seeks production or disclosure of documents that require PWD or Raftelis Financial Consultants , Continue Reading Make Sure You are Aware of the New Document Response Requirements. Co. v. Superior Court of Los Angeles County (1997) 59 Cal.App.4th 263, 273 [69 Cal.Rptr.2d 112, 118].) If the answer to an interrogatory would necessitate the preparation or the making of a compilation, abstract, audit, or summary of or from the documents of the party to whom the interrogatory is directed, and if the burden or expense of preparing or making it would be substantially the same for the party propounding the interrogatory as for the Code Compliant Demand, Responses and Objections. See Code Civil Procedure Section 2031.210(a). =BOS)t){PW+|E2_W+=(y-Ae=(zPlp6:glp6:kyYc7cS>Rs1'Ye k 18, 2014) ("[T]he practice of responding to discovery requests by asserting objections and then answering 'subject to' or 'without waiving' the objections is confusing, unproductive, . (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities. A legal team is legally obligated to respond to this request, either by producing the information . The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. (See id. %PDF-1.6 % Weve updated our privacy policy so that we are compliant with changing global privacy regulations and to provide you with insight into the limited ways in which we use your data. Pa. Jan. 22, 2021). Here is the first one. and copyright (showing year of publication) at the bottom. (b) In the first paragraph of the response immediately below the title of the case, A statement indicating compliance must say whether compliance "will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included in the production." Inc. v. Zetler, 2016 WL 11651898, at *2 (S.D.N.Y. Responding party objects to this request to the extent it seeks information protected from disclosure by the attorney-client privilege and/or work product doctrine, or any other applicable privilege. All, any, and every are dangerous words when describing electronically stored information (ESI). (See Cal. Service Provider. 2023 Daily Journal Corporation. 596 0 obj <> endobj In reviewing the response, it is likely you are focusing in on the fact that there are garbage objections to your request and that you werent provided a privilege log. Jan. 29, 2021) (request for any and all information over 13 year span); Walker v. Newman Univ., Inc., 2020 WL 6708667, at *10 (D. Kan. Nov. 16, 2020) (request for any and all call records from October 2017 to the present). psilberman September 6, 2021. Examples would be a statement that the responding party will limit the search to documents or electronically stored information created within a given period . By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. Responding party objects to this request to the extent it seeks information protected from disclosure by the attorney-client privilege and/or work product doctrine, or any other applicable privilege. 1 See, e.g., CCP 2031.220 [". On other facts, other courts have concluded that documents requests seeking any and all documents relating to are overly broad. Donnelly v. Arringdon Dev., Inc., 2005 WL 8167556, at *1 (M.D.N.C. 2020), 28-29, 83, the authors wrote that: Questions that ask for all facts are generally considered overly broad and unduly burdensome. Instead, the inquiry should be for material or principal facts. Responding party objects that it is unduly burdensome and overbroad. To paraphrase The Hon. Continue Reading Start Preparing Your Motion Because with These Responses Youre Going to Court. Remember that sanctions are mandatory if the other party files a motion to compel and you unsuccessfully oppose the motion without justification. It should be considered when the request requires a party to obtain public records or interview independent witnesses. Responding party objects as it invades their and third parties' right of privacy. (2) Set forth clearly the extent of, and the specific ground for, the objection. Discovery is used in all types of litigation, such as domestic hearings, noncompete cases, defamation suits, and real estate disputes, to name just a few examples. ] Continue Reading WHY THESE OBJECTIONS ARE GARBAGE, Have you noticed that you are getting too many objections and very little documents to your document requests? or sampling of an item or category of item, the response shall do both of the following: (1) Identify with particularity any document, tangible thing, land, or electronically 3, as follows: Defendant objects to this Request on the following grounds: (1) it is vague, ambiguous, and overly broad as to the phrase any and all written or official certification, receiving or being issue training and/or supervision, written policy and procedure, issuing out, and loss of privilege, requiring Defendant to guess as to the intended meaning; (2) it is overly broad as to time and scope; (3) it lacks foundation and does not describe the material requested with reasonable particularity to determine what is sought and allow the opportunity for appropriate objection; (4) it is compound; (5) it seeks information that is irrelevant to any partys claim or defense and is not proportional to the needs of the case, considering the importance of the issues at stake in the action and the importance of the discovery in resolving the issues; (6) it seeks information shielded from disclosure by the official information privilege pursuant to federal common law, and seeks information that invades the privacy rights of Defendant in peace officer personnel records protected by state and federal privileges, California Penal Code section 832.7 and the California Peace Officers Bill of Rights and disclosure violates the procedures outlined in California Evidence Code sections 1043 and 1045. 5th 282, 297 (2016); L.A. County Bd. On January 1, 2020, Code of Civil Procedure 2023.050 became effective which imposes mandatory sanctions for motions regarding Requests for Production of Documents. at n. 17. Plaintiff then filed two motions. Biles v. Exxon Mobil Corp. (2004) 124 CA 4th 1315. Prac. "third part[ies]" as that term is defined. 72 at 13. Solano-Sanchez v. State Farm Mut. They also may be useful when the other party is requesting documents that he or she has access to, such as email or text messages with your client. (d) If a party objects to the discovery of electronically stored information on the 287555) . "Vague and Ambiguous"-- The standard is set forth in Deyo v. Kilbourne (1978) 78 CA3d 771, 783. Information equally available to asking party. 3d 772, 783 (1977) ("A party may not deliberately misconstrue a question for the purpose of supplying an evasive answer. category in the demand, but the text of that item or category need not be repeated. . endstream endobj 600 0 obj <>stream 2031.210 (a) (1)- (3). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Any other interpretation places too great a burden on the party on whom If an objection is made to an interrogatory or to a part of an interrogatory, the specific ground for the objection shall be set forth clearly in the response. a document request should be straightforward and mechanical so that the responding party Sample motion for relief from forfeiture of lease in California, Sample motion for Family Code section 271 sanctions in California, Sample special interrogatories for California, Sample motion for leave to amend answer in California, Writing Sample Goldman Motion to Quash Pleading. Using discovery to reach evaluation, mediation and trial goals, One of the most common questions I am asked is: when does the clock start regarding bringing motions to compel written discovery? . Defendant responded to RFP No. The California Code of Civil Procedure now requires "[a]ny documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond." https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2031-240/, Read this complete California Code, Code of Civil Procedure - CCP 2031.240 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. App. 3, Plaintiff requested that Defendant: Identify and produce a complete copy of any and all written or official certification of Defendant Lugo receiving or being issue training and/or supervision regarding (CSP-LAC) written policy and procedure issuing out loss of privilege from January 16, 2014 to December 31, 2019. Dkt. Wheres the Authority to Award Sanctions? These potential sanctions apply to inspection demands served in written discovery pursuant to Code of Civil Procedure section 2031.010, to document requests included in a deposition notice pursuant to Code of Civil Procedure section 2025.210, and to nonparty discovery, including requests for documents in business record and deposition subpoenas . "If only part of the demand is objectionable, the response shall contain a statement of compliance or inability to comply with respect to the remainder of the item or category." Avoiding the Technical Mistakes When Drafting Written Discovery. Guide: Civil Procedure Before Trial (TRG 2018) 8:1 citing Greyhound Corp. v. Superior Court (1961) 55 C.2d. objectionable items). No. (citation omitted). This discovery request is so broad and unlimited as to time and scope as to be an unwarranted annoyance, embarrassment, and is oppressive. to obtain documents from his or her adversary. 68 at 16; Dkt. Sys., Inc. v. Houserman, 2020 WL 5500372, at *4 (W.D. 2) my opposing counsel tends to argue that there is no obligation to prepare a privilege log unless it is demanded by the requesting party and I dont think thats right I think its an affirmative duty arising when someone withholds documents under an objection is that right?. One problem with any and all requests in the context of ESI is that a prudent producing party may realize the impossibility of producing all of anything. Responding party objects that the request fails to specifically describe each individual item sought or reasonably particularize each category of item sought. The focus of this series is the various issues which cause objections during the discovery process, outlined below: Introduction. Boilerplate objections are becoming more and more common in response to each of the document requests. Nail Down Whether the Documents You are Seeking ever Existed and Where They are Now, Make Sure You are Aware of the New Document Response Requirements, Start Preparing Your Motion Because with These Responses Youre Going to Court, Why You Need to Bring that Motion To Compel Further Responses to Interrogatories, How a Crafty Lawyer Hides Things by Avoiding the Details when Responding to Requests for Production of Documents, A Needle in a Haystack When Opposing Party Dumps Documents. Phone: 410-206-5049 Responding party objects to this request as it does not seek relevant documents or documents reasonably calculated to the discovery of admissible evidence. You then diligentlysend your meet and confer letter stating that the documents are so disorganized that you cant make heads or tails as to which documents are responsive to which request. Opposing counsel respondssaying that the document production was in compliance with the code as the documents were produced as they are kept in the usual course of business and they will neither modify their response nor the production.