When the Covid-19 pandemic struck in early 2020, the legal profession scrambled as to how it could proceed without conducting business in person. Emergency Orders were issued by the Judicial Counsel and remote depositions became an everyday occurrence.
On
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“You Harm Your Client’s Interest When You Craft or Transmit Evasive Discovery Responses”
That is what the Eighth Division of the Second District Court of Appeal said in their opinion in Beth Field v. U.S. Bank National Association B309111 filed on June 9, 2022. The Court of Appeal went further and said “You
Does the 45-Day Rule Apply When No Privilege Log was Served?
Recently I was contacted by an attorney who asked:
“When does the 45 days to bring a motion to compel further responses to RPD begin? Is it when they serve their written response with an asserted privilege, or when they produce
WHEN YOU GET BOMBARDED WITH DISCOVERY…
Have you ever been in any of these situations?
Ten days after your client was served with the summons and complaint, the client was personally served with Form Interrogatories, 35 specially prepared interrogatories, 35 requests for admissions and 50 document
What Lawyers are Getting Wrong in Virtual Depositions
Co-Written with Suzanne Martin, Esq., Director of National Accounts for Centext Legal Services.
The COVID-19 pandemic has fundamentally changed the way in which depositions are conducted. Most depositions throughout California are now conducted remotely, on virtual conferencing platforms,
Rebuttal Expert Witnesses—Do You Know How to Use Them?
Many lawyers use the terms “supplemental expert” and “rebuttal expert” interchangeably, but, according to the Discovery Act, they are very different. A supplemental expert is one that was disclosed twenty days after experts have been disclosed and is pursuant to
So, You Forgot to Serve Your Expert Disclosure–Now What?
If a party failed to serve their expert disclosure statement on time, they may bring a motion pursuant to C.C.P §2034.710 for an order to submit a tardy expert witness list. This section titled Power of Court to Allow Motion
The Other Side Retained My Consultant–Should They Be Disqualified?
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
You Must be Diligent in Discovery to get a MSJ/MSA Continued
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
I didn’t know I needed an expert on that…
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