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
Katherine Gallo, Esq.
Katherine Gallo, Esq. is a legal professional specializing in complex discovery issues and alternative dispute resolution, including roles as a Discovery Referee, Special Master, and Mediator. With over 30 years of experience primarily in the Bay Area, she has been involved in numerous complex cases across various practice areas such as business, construction, employment, family law, insurance bad faith, personal injury, probate, product liability, and real property. Her work includes facilitating dispute resolution before motions are heard, managing discovery plans, and authoring educational content on discovery practices. She also serves as an approved California Bar MCLE provider and contributes to legal education through presentations and publications focused on discovery and dispute resolution.
Website:
https://discoveryreferee.com
Latest from Katherine Gallo, Esq. - Page 6
You Don’t Need Exceptional Circumstances to Get More Time to Take a Deposition
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…
Why You Need to Bring that Motion To Compel Further Responses to Interrogatories
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…
Denials to Requests for Admissions are NOT Admissible
In the case of Victaulic Co. v. American Home Assurance Co. (2018) 20 Cal. App. 5th 948, the First District Court of Appeal made it very clear that denials to Requests for Admissions are inadmissible. Here is the court’s reasoning…
An Attorney’s Relationship with their Expert and the Work Product Doctrine
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…
DO YOU KNOW WHAT YOUR OBLIGATIONS ARE IN RESPONDING TO WRITTEN DISCOVERY?
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…
How a Crafty Lawyer Hides Things by Avoiding the Details when Responding to Requests for Production of Documents
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…
Discovery May Be Obtained of the Identity and Location of Persons Having Knowledge of Any Discoverable Matter
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…
A Needle in a Haystack – When Opposing Party Dumps Documents
UPDATED OCTOBER 21, 2020
C.C.P. §2031.280(a) was amended on 1/1/2020 to read:
(a) Any 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
…
To Sign or Not to Sign Your Proof of Service
When I was a research attorney for Alameda County Superior Court, my judge drilled into me to always check the proof of service to make sure that it was signed and service on all parties had properly been made. As a…