Katherine Gallo, Esq.

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A plaintiff counsel writes in asking for advice:  “Today is July 7th.  Trial is July 31.  Discovery cut-off was July 1 and expert discovery closes on July 16th.  Well, my client sought additional treatment on June 25thwith a neck, back and spine specialist. The results of the visit were provided to me on June 26th and I immediately mailed the results to opposing counsel that day. Now opposing counsel is stating the discovery is after the…
  In this blog I have asked that lawyers write in if there was a topic they would like me to address.  I have received many requests over the years and the next couple of blogs will be responding to some of these requests.  Here is the first one. “I noticed a few things regarding privilege logs. 1) litigators are not sending them. 2) my opposing counsel tends to argue that there is no obligation…
Effective January 1, 2013 and subject to certain exceptions, the duration of a witness deposition was limited to seven hours of total testimony. (CCP §2025.290(a).) The limitation brought the California statute consistent with existing federal law, which has a similar seven-hour rule. (See FRCP Rule 30(d)(1)) CCP §2025.290(b) sets forth six circumstances where the seven-hour limit does not apply–by stipulation, expert witnesses, complex cases, employment cases, person most knowledgeable depositions, and a new…
The purpose of discovery is to take the “game” element out of trial preparation by enabling the parties to obtain evidence necessary to evaluate and resolve their dispute before a trial is necessary.  Weil and Brown, Cal. Prac. Guide: Civil Procedure Before Trial (TRG 2018) ¶8:1 citing Greyhound Corp. v. Superior Court (1961) 55 C.2d. 335, 376. Serving “[a]ppropriate written interrogatories are one of the means to accomplish the general goals of the discovery…
In the case of Victalic Company v American Home Assurance Company the First District Court of Appeal made it very clear that denials to Requests for Admissions are inadmissible.   Here is the court’s reasoning starting at page 23 of the published opinion: Gonsalves v. Li (2015) 232 Cal.App.4th 1406 (Gonsalves) involved an automobile accident. Plaintiff called defendant as an adverse witness and asked about his qualified denials of plaintiff’s RFAs that he was responsible…
  Have you ever wondered how the work product doctrine works when you hire a consultant who may or may not become your expert. Trial Attorney Lee Previant, from Los Angeles, wrote this great article titled “Attorney Work Product Doctrine And Experts“ for Advocate Magazine that explains how it all works.  Enjoy. ************************************************************************************************** As any litigator is undoubtedly aware, expert witnesses are necessary whether to offer evidence required to meet your burden of proof…
I received a comment about one of my blogs saying: Many young(er) attorneys abuse discovery as a matter of course – as if they have been taught how to be obstructionists at law school. I also think newer attorneys do the scorched earth route to create more billing.  One dope sent me objections that were over 100 pages. I have written many blogs regarding how to handle discovery abuse by opposing counsel.  These include filing…
Most cases rise and fall on whether there is documentary evidence supporting a claim or defense. Thus, the most important discovery device in a litigator’s  toolbox  is the ability to request documents pursuant to CCP 2031.210 et seq. Unfortunately, most lawyers fail to properly respond and produce documents which leads to the ever so popular Motion to Compel Further Responses and Production of Documents Patrick Nolan’s article “How the crafty defense lawyer hides things by avoiding the details in…
The title of this blog is a quote from the most basic tenant of the 2016 Discovery Act found in Code of Civil Procedure Section 2017.010 titled Matters Subject to Discovery which reads: “Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in…
Have you ever had a situation where the opposing side has responded to each of your document production requests with the response? All responsive documents within the custody and control of responding party will be produced. and then they dump thousands of documents on you with no rhyme or reason as to how they are organized. You then diligently send your meet and confer letter stating that the  documents are so disorganized that you “can’t make…