In Shadow Traffic Network v. Superior Court (1994) 24 Cal.App.4th 1067, the Court of Appeal stated that where counsel retains an expert consultant with confidential information concerning the opponent’s case, there is a rebuttable presumption that the expert shared that
Continue Reading The Other Side Retained My Consultant – Should They Be Disqualified?
On July 29, 2021, in the case of Braganza v. Albertson’s LLC, (2021) 67 Cal. App. 5th 144, the Fourth District Appellate District affirmed the trial court’s denial of Plaintiff’s motion to continue the hearing for a Motion for
Continue Reading You Must be Diligent in Discovery to get a MSJ/MSA Continued
Sometimes, when you follow the rules regarding the expert witness demand and the initial expert witness disclosure and declaration and are now in receipt of opposing party’s expert disclosure, you find that the opposing party plans to call experts at
Continue Reading I didn’t know I needed an expert on that…
If a party has timely served a Demand for Simultaneous Exchange of Expert Trial Witness Information pursuant to Code of Civil Procedure section 2034.210, then “all parties who have appeared in the action shall exchange information concerning expert witnesses
Continue Reading 50 Days Before Trial—It’s Expert Disclosure Time
The biggest burden in bringing motions to compel further responses is the preparation of the separate statement of items in dispute pursuant to CRC, Rule 3.1345. In my blogs and at seminars, I have advised parties to prepare their
Continue Reading In Order to Facilitate the Discovery Process–Serve Your Discovery in Electronic Form
Assume you receive the following response to your Requests for Production of Documents:
Responding party hereby incorporates its general objections as if fully stated herein. Responding party objects to this request to the extent it seeks information protected from disclosure
Continue Reading Nail Down Whether the Documents You are Seeking ever Existed and Where They are Now
The greatest discovery abuses come from responses to Requests for Production of Documents. Many responses contain a myriad of garbage objections, fail to contain a privilege log, along with producing documents that are not organized by category. Due to the
Continue Reading New Discovery Sanction Regarding Requests for Production of Documents
There were three changes to the Discovery Act that became effective on January 1st, 2020 which can be found in Code of Civil Procedure sections 2031.280, 2016.090 and 2023.050. This blog will discuss the change to C.C.P. §2031.280 and its
Continue Reading Make Sure You are Aware of the New Document Response Requirements
As stated in the blog “It’s Not a Discovery Device, But…”, a Demand for Bill of Particulars is NOT a discovery device, but an extension of the complaint or a cross-complaint [complaint]. Unlike interrogatories and deposition testimonies, a Bill
Continue Reading If Plaintiff’s Bill of Particulars is Improper, Evasive and/or Incomplete; You must Bring a Motion or You Waive Your Objections
Pre-trial Discovery is the heart and soul of litigation. It enables the parties to evaluate and prepare their case for mediation, motions for summary judgment or summary adjudication and for trial. The propounding of Discovery also leads to discovery disputes
Continue Reading When Will My Discovery Motion Be Heard?
