Katherine Gallo, Esq.

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Latest from Katherine Gallo, Esq.

When Opposing Counsel Tries to use Improper Supplemental Disclosures to its Benefit, Here’s How to Fight Them

By Katherine Gallo on July 30, 2019

Alexandra A. Hamilton, a trial attorney at The Veen Firm, who handles complex cases involving catastrophic injuries or death, including products liability, workplace injuries, dangerous conditions of property, and vehicle negligence has written a great article for Plaintiff Magazine regarding how to combat the games attorneys play regarding the supplemental expert disclosure. Enjoy. The What, When, Why, and How for Fighting Opposing Counsel’s Supplemental Expert Disclosures Opposing counsel may attempt to…

Resolving Discovery Disputes

Gathering Valuable Crumbs from a Party’s Mobile Devices

By Katherine Gallo on June 30, 2019

Another great article from Julie Lewis, President, CEO and Founder of Digital Mountain regarding obtaining information from a party’s iPad’s, smart phones and other mobile devices. Social Media Metadata on Mobile Devices: Gathering Valuable Crumbs If you’re a fan of television crime dramas, chances are you’re intrigued by how the smallest bits of evidence are often the very ones that end up closing the case on the identity of the criminal. Be it carpet…

Resolving Discovery Disputes

Ten Tips for Successful eDiscovery Planning

By Katherine Gallo on May 14, 2019

Julie Lewis, President, CEO and Founder of Digital Mountain, has over 20 years of experience working in the high technology industry and is a frequent speaker on electronic discovery, computer forensics and cybersecurity. After working on over 1,000 computer forensics and e-discovery cases for over a decade, Julie has provided us with some simple tips for successful eDiscovery planning:…

Resolving Discovery Disputes

Can a Motion for Protective Order be Filed after the Court has Issued its Order?

By Katherine Gallo on April 16, 2019

About a year ago I received an inquiry from a lawyer stating: I’m researching whether the defendant can file a motion for a protective order after my motion to compel was already granted—I’m’ trying to find a case that precludes the protective order motion as a matter of law—res judicata perhaps? This is a procedural issue and one that you need to be familiar with all the ins and outs of the Code of Civil…

Resolving Discovery Disputes

Opposing Counsel is Blowing Smoke

By Katherine Gallo on February 26, 2019

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…

Resolving Discovery Disputes

Aren’t I Entitled to a Privilege Log?

By Katherine Gallo on January 23, 2019

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…

Resolving Discovery Disputes

You Don’t Need Exceptional Circumstances to Get More Time to Take a Deposition

By Katherine Gallo on October 1, 2018

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))…

Resolving Discovery Disputes

Why You Need to Bring that Motion To Compel Further Responses to Interrogatories

By Katherine Gallo on July 31, 2018

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…

Resolving Discovery Disputes

Denials to Requests for Admissions are NOT Admissible

By Katherine Gallo on March 1, 2018

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…

Resolving Discovery Disputes

An Attorney’s Relationship with their Expert and the Work Product Doctrine

By Katherine Gallo on February 6, 2018

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…

Katherine Gallo, Esq.

Katherine Gallo, Esq. Blogs

Blog Authors

When Opposing Counsel Tries to use Improper Supplemental Disclosures to its Benefit, Here’s How to Fight Them

Gathering Valuable Crumbs from a Party’s Mobile Devices

Ten Tips for Successful eDiscovery Planning

Can a Motion for Protective Order be Filed after the Court has Issued its Order?

Opposing Counsel is Blowing Smoke

Aren’t I Entitled to a Privilege Log?

You Don’t Need Exceptional Circumstances to Get More Time to Take a Deposition

Why You Need to Bring that Motion To Compel Further Responses to Interrogatories

Denials to Requests for Admissions are NOT Admissible

An Attorney’s Relationship with their Expert and the Work Product Doctrine

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