Katherine Gallo, Esq.

New Discovery Sanction Regarding Requests for Production of Documents

By Katherine Gallo

November 8, 2020

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 responding party’s failure to comply with Codes of Civil Procedure § 2031.220, §2031.230, §2031.2400 and §2031.280, a motion to compel further responses and production of documents is the most common motion…

Resolving Discovery Disputes

Make Sure You are Aware of the New Document Response Requirements

By Katherine Gallo

October 21, 2020

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 significance. California Code of Civil Procedure § 2031.280 titled Form in which documents to be produced; Form for producing electronically stored information; Translation of data subdivision (a) states as follows: Old Statute: (a) Any documents produced…

Resolving Discovery Disputes

If Plaintiff’s Bill of Particulars is Improper, Evasive and/or Incomplete; You must Bring a Motion or You Waive Your Objections

By Katherine Gallo

August 4, 2020

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 testimony, a Bill of Particulars is conclusive as to the items and amounts claimed and no other evidence is admissible at trial. More importantly, if the court finds that any of the line items are deficient it…

Resolving Discovery Disputes

When Will My Discovery Motion Be Heard?

By Katherine Gallo

June 16, 2020

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 and then to discovery motions–all which can threaten to overwhelm the litigation of the case. However, due to the court holidays ordered by the Judicial Council during this pandemic, parties were not able to have…

Resolving Discovery Disputes

Civil Litigation and COVID-19: Justice Need Not Be Delayed

By Katherine Gallo

May 5, 2020

Life as we knew it has been put on hold due to COVID-19. Courts are closed, deadlines are extended, and court dates have been continued. As the courts establish “new norms” for their operations, access to the civil courts may be limited and further delayed. It is not clear what civil matters will receive priority. Civil law and motion matters taken off calendar due to court closures will need to be rescheduled, and newly…

Resolving Discovery Disputes

Know Your Audience

By Katherine Gallo

April 7, 2020

Recently at an MCLE seminar, a sitting judge forewarned the audience that because of all the new judges from a variety of backgrounds, often they don’t have the necessary background on law and procedures for their department. His advice: come to your hearings with copies of all the important cases and statutes, no matter how basic the concept is. This sitting judge was subtly saying: Plan on educating the court!!…

Resolving Discovery Disputes

How Much is that Motion in the Window?

By Katherine Gallo

January 23, 2020

The meet and confer process has failed. Now you have to decide whether (1) you need to bring a Motion to Compel Further Documents because the documents are an integral part of the defense and/or prosecution of your case, or (2) wait for trial and make a motion in limine to exclude the documents categorically at trial. Two of the factors you are going to have to consider are how much time it’s going to…

Resolving Discovery Disputes

If Meet and Confer Fails, Ask for Help

By Katherine Gallo

December 10, 2019

Effective January 1, 2019, Code of Civil Procedure Section 2016.080 authorizes the court to conduct an informal discovery conference upon request of a party or on the court’s own motion. The statute reads: (a) If an informal resolution is not reached by the parties, as described in Section 2016.040, the court may conduct an informal discovery conference upon request by a party or on the court’s own motion for the purpose of discussing discovery matters in…

Resolving Discovery Disputes

EXHIBIT A—The Meet and Confer Letter

By Katherine Gallo

November 14, 2019

The purpose of the “meet and confer” requirements set forth in C.C.P. §§ 2025.450(b)(2), 2025.480, 2030.300(b), 2031.310(b), 2032.250 and 2033.290 was for the lawyers to revisit their position, and in good faith, discuss a resolution in order to avoid unnecessary discovery motions. Unfortunately, times have changed since the Discovery Act of 1986 went into effect. No longer can a law firm afford to have an associate sit at the knees of…

Resolving Discovery Disputes

WHY THESE OBJECTIONS ARE GARBAGE

By Katherine Gallo

October 8, 2019

In the previous blog, Start Preparing Your Motion Because with These Responses You’re Going to Court, I used the following example as a type of response I see as a Discovery Referee: 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 by the attorney-client privilege and/or work product doctrine, or any other applicable privilege. Responding party objects…

Katherine Gallo, Esq.

Katherine Gallo, Esq. Blogs

Blog Authors

New Discovery Sanction Regarding Requests for Production of Documents

Make Sure You are Aware of the New Document Response Requirements

If Plaintiff’s Bill of Particulars is Improper, Evasive and/or Incomplete; You must Bring a Motion or You Waive Your Objections

When Will My Discovery Motion Be Heard?

Civil Litigation and COVID-19: Justice Need Not Be Delayed

Know Your Audience

How Much is that Motion in the Window?

If Meet and Confer Fails, Ask for Help

EXHIBIT A—The Meet and Confer Letter

WHY THESE OBJECTIONS ARE GARBAGE

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