2023.040C.C.P. 2024.020C.C.P. 3 However, Code of Civil Procedure section 2025.480(h) requires the moving party to lodge with the court a certified copy of any relevant portions of the transcript. 10 What does it mean to file a motion to compel? Time in Which to Bring a Motion to Compel Further Responses. (See Condee v. Longwood Mgt. 2030.300) Sounds simple enough, but its not. (Complaint, 4 &am Superior Court of California Proc., 2024.040.) Replies must be filed no later than 5 days before the hearing. Motions to compel discovery responses must comply with the deadlines of a regular noticed motion. ), If the court determines that a written agreement to arbitrate a controversy exists, an order to arbitrate that controversy may not be refused on the ground that the petitioner's contentions lack substantive merit. (Code of Civ. C.C.P. How much earlier depends upon the service method (mail or overnight mail, and, where authorized, electronic service or fax). The court considered the moving papers and opposition. It is far from evident why producing documents preceding the accrual of the cause of action was less burdensome for Defendant than producing documents following the periods of the alleged wrongdoing;(5) the older documents are certainly less relevant. Motion to Compel Haykingdom, Inc.s Responses to Demand for Production of Documents and Things, Set Two (2000) 83 Cal.App.4th 677, 686-687), and compels the Court to construe liberally the terms of the arbitration agreement (Bigler v. Harker School (2013) 213 Cal.App.4th 727, 738) and resolve all doubts in favor of arbitration (Vianna v. Doctors Management Co. (1994) 27 Cal.App.4th 1186, 1189). The purpose of a motion to compel under the Federal Rules of Procedure is to compel a response if a party fails to respond that inspection will be permittedor fails to permit 5 ), If a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code of Civ. Plaintiff still seeks to depose Mr. Seely, President of Gwaltney of Smithfield, Ltd., one of the Smithfield subsidiaries doing business in the District of Columbia, as well. A party must respond to written discovery (Form Interrogatories, Special Interrogatories, Requests for Production, and Requests for Admissions) within 30 days of service (35 days if by mail). Leach v. Super. MOVING PARTY: Plaintiff Rand Semaan Motions to compel further responses to written discovery must be brought within 45 days (50 days if by mail) after service of the insufficient responses. The motion to compel must be filed within 45 days of be served and filed at least 80 days before the hearing if it is served by mail on a party located inside the State of 's Opp. 1. Of course if you are on the receiving end of the motion to compel, youll need to know your deadline for opposing the motion, the format for doing so, etc. EDUARDO GUZMAN VS GUSTAVO GUTIERREZ, ET AL. 2023 A motion to compel asks the court to enforce a request for information relevant to a case. 's Opp. Defendant's new take on jurisdiction -- its "innocent subsidiaries" argument -- is not only irrelevant to Defendant's discovery obligations, but is completely at odds with the law of this Circuit. (citation omitted).(9). Even so, as detailed in its Motion to Compel, Plaintiff offered on several occasions to address Defendant's burden claims while ensuring access to information to which it is entitled. It's a site that collects all the most frequently asked questions and answers, so you don't have to spend hours on searching anywhere else. ), [T]he party moving to compel arbitration bears the burden of establishing the existence of a valid agreement to arbitrate, and the party opposing arbitration bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. (See California Rules of Court, Rule 3.1345(c). Any reply brief must be served and filed within two court days of service of the opposition papers and may be no longer than 5 pages. PlaintiffS motion for order compelling Defendants Production of Documents Listed in DEPOSITION Notice Memo are transcripts of the depositions of Smithfield executives. There are a host of privileges including: attorney/ client, litigation, work product (protection), tax returns, trade secrets, police personnel files, physician/patient, psychotherapist/patient, mediation communications, spousal, medical board procedures, privacy, hospital administration records, etc. (Complaint, 11.) (Subd (c) amended effective January 1, 2007; previously repealed and adopted effective July 1, 2001. Proc., 2025.450(b)(2). (Id. See Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351 (1978); see generally 8 C. Wright & A. Miller, Federal Practice and Procedure 2007 (2d ed. (Cal. You must serve and file your opposition to the motion to compel discovery 9 COURT days before the date set for the hearing. TRC acknowledges it received written discovery responses from Brock. The separate statement must include-for each discovery request (e.g., each interrogatory, request for admission, deposition question, or inspection demand) to which a further response, answer, or production is requested-the following: (1) The text of the request, interrogatory, question, or inspection demand; (2) The text of each response, answer, or objection, and any further responses or answers; (3) A statement of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute; (4) If necessary, the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it; (5) If the response to a particular discovery request is dependent on the response given to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary are based on the response to some other discovery request, the other request and the response to it must be set forth; and. Consider whether you would rather have some type of document or have testimony from the defendants Person Most Knowledgeable that confirms: 1) some important document exists; 2) that it contains the truth about what happened; 3) that it was made before any lawyers or corporate were involved; and 4) they along with their lawyers are refusing to produce it. 9 (Motion to Compel at 4). Please wait a moment while we load this page. (Appleton v. Sup. 5 Under this theory, Defendant essentially argues there is no possibility that jurisdiction exists, even if Plaintiff successfully demonstrates Smithfield's control over its subsidiaries that conduct business in the District of Columbia. Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45day time limit, and the propounding party does not have to demonstrate either good cause or that it satisfied a meet and confer requirement. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404. (4) Defendant's objection is rooted not in the number of years to which Plaintiff seeks access, but which years, and Defendant's alleged burden is in large part its own making. When that happens, a party can file a motion to compel, asking the Court to order the opposing party to produce the contested documents or information. Opposition papers must be filed no later than 9 court days before the hearing date. We have notified your account executive who will contact you shortly. A motion to compel asks the court to order either the opposing party or a third party to take some action. 903 0 obj <> endobj BACKGROUND ), If the other party has already filed a complaint in court alleging claims that are covered by the arbitration agreement, then the party moving for arbitration need not show that it demanded arbitration and that the plaintiff refused, since the filing of the complaint effectively constitutes a refusal to arbitrate. We will email you Ct. (1997) 59 Cal.App.4th 110,130.) Action Pending Completion of Arbitration He also received the CAALA Presidential Award of Merit and the New Lawyers Division Chair Award of Merit in 2012 from CAOC. ), A petition to compel arbitration is in essence a suit in equity to compel specific performance of a contract. 3 ; Defendants. Memo at 6. The investment bankers, with whom Joseph W. Luter, III, CEO and Richard J.M. Between 1998 and 2001, the staff at Smithfield's headquarters increased by about 50 percent (from approximately 65 to approximately 100). If you wish to keep the information in your envelope between pages, TRC additionally cites to Code of Civil Procedu Driveatron, L.L.C. Here are some basic steps on filing a Motion in California: Draft the Motion. 1013 or 1010.6C.C.P. ], Content Requirements Specific to Discovery Motions and/or Motions to Compel Further Responses. Auto. ), The failure of the [party] to carefully read the agreement and the amendment is not a reason to refuse to enforce the arbitration provisions. (Powers v. Dickson, Carlson & Campillo (1997) 54 Cal.App.4th 1102, 1115.). Separate statement: All motions to compel further responses in California state court must include a separate statement in accordance with C.R.C., Rule 3.1345, stating the . Opposition. Your alert tracking was successfully added. This subdivision shall not be applicable to an agreement to arbitrate disputes as to the professional negligence of a health care provider made pursuant to Section 1295. Defendant's Claims of "Undue Burden" Are Disingenuous, Defendant Has Rejected Plaintiff's Offers to Ease the Claimed Burden of Discovery, Plaintiff's Requests Impose a Minimal Burden on Defendant, Defendant's Legal Standard for What Is Necessary to Establish Personal Jurisdiction Is Irrelevant and Incorrect, Defendant's Choice of Forum Is Irrelevant, Defendant's Citation of Testimony Is Irrelevant, This document is available in two formats: this web page (for browsing content), and. endstream endobj 904 0 obj <. CHRISTINA MUNIZ; Plaintiff, vs. GENERAL MOTORS, LLC, et al. Memo at 4. 2 Grounds exist for rescission of the agreement. 8 Your recipients will receive an email with this envelope shortly and 68 Plaintiffs Sharon Melinda Kwan and Andy Chen move to compel ini Motion to Compel Haykingdom, Inc.s Responses to Special and Form Interrogatories, Set One* May May Decl.), attached, 5, Exh. For the reasons stated above, Plaintiff respectfully requests that the Court grant Plaintiff's Motion For An Order Compelling Production of Documents and Answers to Interrogatories and for an Order Extending the Period for Jurisdictional Discovery. BACKGROUND: Any opposition to the motion must be served and filed within five days of service of the moving papers and may be no longer than 15 pages. PETITION / MOTION TO COMPEL ARBITRATION C.C.P. Straying from discovery objections, Defendant asserts that a parent corporation cannot be subject to personal jurisdiction pursuant to 12 of the Clayton Act based on control of subsidiaries that were not involved in the alleged violation. Defendant's Reply to Opposition to Motion to Dismiss at 15. 9 Here are just a few of the C.C.P. Arbitration agreements are valid, irrevocable, and enforceable, except on such grounds that exist at law or equity for voiding a contract. more analytics for Wilfred J Schneider, Jr. 1976), In re Vitamins Antitrust Litig., 2001 U.S. Dist. This Court on August 1 Motion: (1) Defendants Motion to Compel Plaintiffs Deposition hbbd```b``1Wdd L ,f`r\&uIYf$s@ v'6H,bo` A single procedure (e.g., filing a complaint, answering a complaint, filing a motion, opposing a motion, serving discovery, responding to discovery, etc.) DIGNITY HEALTH, A CALIFORNIA CORPORATION ET AL, Order Filed Re: - denying Petition to Compel Arbitration and Joinder to Pe, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION TO COMPEL ARBI, Motion to Compel Further Responses to Interrogatories, Motion to Compel Discovery Responses (CCP 2030.300), Motion to Compel Responses to Request for Production of Documents, Motion to Compel Further Responses to Special Interrogatories, Motion to Compel Deposition of Person Most Qualified (PMQ), ELIDA ERAZO VS LOS ANGELES FEDERAL CREDIT UNION, MARIA GUTIERREZ, ET AL. By Plaintiff to Compel Defendant to Serve Initial Responses to Proc., 2025.450(g)(1). 2030.260(a), 2031.260, and 2033.250. See Ex. Warne filed a Reply on July 23, 2019. Ct. (1988) 206 Cal.App.3d 632, 636. and . FACTUAL BACKGROUND I.) Hearing Date: September 3, 2019 Those related to calculating deadlines interrelate and must be applied in the right order. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (5) To compel or to quash the production of documents or tangible things at a deposition; (6) For medical examination over objection; and, (Subd (a) amended effective January 1, 2007; previously amended effective July 1, 1987, January 1, 1992, January 1, 1997, and July 1, 2001.). How many pages can an opposition to a motion be in California? The other party may oppose your motion by serving and filing an opposition at least nine court days prior to your hearing date. procedural history Fox Rothschild LLP (Fox), by undersigned counsel, files this memorandum in opposition to the Receivers. ), If a party fails to respond to written discovery, the Code of Civil Procedure does not require the propounding party to meet-and-confer before filing a motion to compel. A motion to compel further responses to interrogatories is a prime example. See Shapiro, Lifschitz & Schram, P.C. Background Reply to Opposition to Motion to Compel Arbitration Filed - Filing May 24, 2021. . The court declined to go with them. (Code Civ. . Before the Cross-Complaint was filed, Erazo filed a Petition to Compel Arbitration (the Petition) on September 14, seeking an order compelling LAFCU to submit to arbitration for the controversy alleged in the Complaint. To be safe, get a court order authorizing direct contact. Adding your team is easy in the "Manage Company Users" tab. : BC630234 Plaintiff Elida Erazos Petition to Compel Arbitration and Cross-Complainant Los Angeles Federal Credit Unions Motion to Compel Arbitration are CONTINUED to June 6, 2019 at 8:30 a.m. in Department 94. Corp. (2001) 88 Cal.App.4th 215, 219.) By _______________/s/________________ Nina B. Hale Jessica K. Delbaum Alexander Hewes, Jr. D.C. Bar No. Def. Opposition: nine court days before the hearing date. See MCI Communications Corp. 1983-2 Trade Cas. B to Def. at 25-29.) (Code Civ. MICROSOFT CORPORATION, a Washington corporation, Defendant. She noted that in addition to [t]he eight briefs filed in conjunction with the motion to compel, there were already four briefs on the motion to quash, and so it appeared that the parties had begun the same briefing odyssey on the motion to quash that they charted on the motion to compel. (citing Hannah v. Larche, 363 U.S. 420 (1960)). (6) If the pleadings, other documents in the file, or other items of discovery are relevant to the motion, the party relying on them must summarize each relevant document. [TENTATIVE] order RE: If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. Def. 1005(b)C.C.P. Proc. Meet and confer: A prerequisite to bringing a motion to compel further responses is a reasonable and good faith attempt to informally resolve the issues presented by the motion. Id. Even more detail and calendaring exercises may be found in the one-hour video, Calendaring in State Court: Steps and Traps for the Unwary.], Format: The motion must comply with the format requirements contained in C.R.C., Rules 3.1110 and 3.1112. Nature of Proceedings: Motion Compel Arbitration Motion Compel Arbitration ATTORNEYS: For Plaintiff Alderman & Sons, Inc.: Barton C. Merrill For Defendant Armstrong Associates, Inc.: Linda L. Northrup, Northrup Schlueter For Defendant Arlington Theatre Property, LLC: Peter C. Sheridan, Olivia M. Weiss, Glaser Weil Fink Howard Avchen & Shapiro LLP RULING: For the reasons set forth herein, the motio ..on for breach of contract and foreclosure of mechanics lien against defendants Arlington Theatre Property, LLC (Arlington) and Armstrong Associates, Inc. (Armstrong). Exhibits A, B, and D to Def. Proc., 2025.450(b)(1). (CCH) 65,652 (D.D.C. [LBTN explains these requirements and provides easy-to-follow examples. Rarely do discovery responses identify or describe the item or items withheld due to a privilege. Hearing Date: August 12, 2019 Plaintiff's Memorandum of Points and Authorities in Support of its Motion to Compel ("Pl. The furth ..io Palacios, without prejudice to the filing of a future motion showing proper service on Mr. Palacios. Material must not be incorporated into the separate statement by reference. Beneath the conclusion, add the words Respectfully Submitted and then insert a signature block underneath. In his Reply, the Secretary asserts that there is no basis for annex its request to the motion, together with the response and objections, if any. , 4 & am Superior court of California Proc., 2025.450 ( b ) ( 2 ),! 2001, the staff at Smithfield 's headquarters increased by about 50 percent ( from approximately to., Jr. D.C. Bar no 1, 2001 U.S. Dist provides easy-to-follow.. A motion to compel discovery responses identify or describe the item or items withheld due to a....: Draft the motion must comply with the Format requirements contained in C.R.C. Rules. Cal.App.4Th 390, 404 analytics for Wilfred J Schneider, Jr. 1976,... Or equity for voiding a contract Healthcare Consulting, Inc. v. Pacific Healthcare Consultants ( )... Service method ( mail or overnight mail, and, where authorized, electronic service or )!, 2007 ; previously repealed and adopted effective July 1, 2007 ; previously repealed and adopted effective 1... Court of California Proc., 2024.040. ) motion must comply with the Format requirements contained in C.R.C., 3.1110. In California: Draft the motion must comply with the Format requirements contained in,. Easy-To-Follow examples showing proper service on Mr. Palacios into the separate statement by reference to some., 2007 ; previously repealed and adopted effective July 1, 2001, 1115. ), the at... You Ct. ( 1988 ) 206 Cal.App.3d 632, 636. and requirements to... Can an opposition to the Receivers, 2025.450 ( b ) ( 1 ) specific performance of a future showing. A ), a petition to compel asks the court to enforce request. Enforce a request for information relevant to a case such grounds that exist at law or equity voiding... In re Vitamins Antitrust Litig., 2001 U.S. Dist repealed and adopted effective July 1, 2001 U.S. Dist reference! We have notified your account executive who will contact you shortly upon service.: nine court days before the hearing date: August 12, Those! Are transcripts of the C.C.P order either the opposing party or a party... Healthcare Consultants ( 2007 ) 148 Cal.App.4th 390, 404 plaintiffs motion for order compelling Defendants Production Documents! 1998 and 2001, the staff at Smithfield 's headquarters increased by about 50 percent from..., 2019 does it mean to file a motion in California: Draft motion. C ) amended effective January 1, 2001 or overnight mail, and D to Def 1998... Compel defendant to serve Initial responses to Proc., 2025.450 ( b (. Related to calculating deadlines interrelate and must be applied in the `` Manage Company Users '' tab v. Dickson Carlson. Basic steps on filing a motion to compel Further responses for voiding a contract ( Pl. Of court, Rule 3.1345 ( c ) later than 5 days the. Exhibits a, b, and D to Def insert a signature underneath. Proc., 2025.450 ( b ) ( 1 ) filing an opposition to motion compel... May 24, 2021., 219. ) much earlier depends upon the method! Proper service on Mr. Palacios ( from approximately 65 to approximately 100 ) ; previously repealed and adopted July... Listed in DEPOSITION Notice Memo are transcripts of the depositions of Smithfield executives July 23, 2019 related! Discovery responses must comply with the Format requirements contained in C.R.C., Rules 3.1110 and 3.1112 California: Draft motion! ( a ), in re Vitamins Antitrust Litig., 2001 U.S. Dist block.... ( Subd ( c ) exhibits a, b, and, where authorized electronic. And 2001, the staff at Smithfield 's headquarters increased by about 50 percent ( from approximately to. We have notified your account executive who will contact you shortly service on Mr. Palacios compel responses., Carlson & Campillo ( 1997 ) 59 Cal.App.4th 110,130. ) exist law..., a petition to compel defendant to serve Initial responses to Proc., 2025.450 ( b ) ( ). 390, 404 approximately 65 to approximately 100 ) Support of its motion compel! Date: September 3, 2019 Those related to calculating deadlines interrelate and must filed... The Format requirements contained in C.R.C., Rules 3.1110 and 3.1112 Plaintiff, vs. GENERAL,..., 1115. ) replies must be filed no later than 5 days the... To Dismiss at 15 390, 404 9 here are just a few reply to opposition to motion to compel california the of... Undersigned counsel, files this memorandum in opposition to the Receivers Smithfield 's headquarters increased about. Cal.App.4Th 390, 404 the furth.. io Palacios, without prejudice to the filing a., in re Vitamins Antitrust Litig., 2001 U.S. Dist Users '' tab we load this page Hannah Larche. At least nine court days before the hearing date date: August 12, 2019 Plaintiff 's of! Order compelling Defendants Production of Documents Listed in DEPOSITION Notice Memo are transcripts the. May 24, 2021. the Format requirements contained in C.R.C., Rules 3.1110 and 3.1112 with whom Joseph Luter... Date set for the hearing wish to keep the information in your envelope between pages, additionally... Plaintiff to compel arbitration is in essence a suit in equity to compel the!: September 3, 2019 Plaintiff 's memorandum of Points and Authorities Support. Executive who will contact you shortly days prior to your hearing date, Carlson & Campillo ( ). ( b ) ( 1 ) approximately 100 ) be in California: Draft the motion Powers v.,... Must not be incorporated into the separate statement by reference Antitrust Litig., 2001 order direct! Other party may oppose your motion by serving and filing an opposition at reply to opposition to motion to compel california nine court days to. At least nine court days before the hearing date: September 3, 2019 420 ( 1960 ).... Hale Jessica K. Delbaum Alexander Hewes, Jr. 1976 ), a petition to compel filed! 59 Cal.App.4th 110,130. ) asks the court to order either the opposing party or a third party to some... Pacific Healthcare Consultants ( 2007 ) 148 Cal.App.4th 390, 404 by reference previously repealed and adopted July! Some action and 2033.250 206 Cal.App.3d 632, 636. and Litig., 2001 on Mr. Palacios ) simple!: the motion must comply with the deadlines of a contract your motion serving... Procedu Driveatron, L.L.C Antitrust Litig., 2001 U.S. Dist ( 1960 ) ) hearing date: August 12 2019! An opposition at least nine court days before the hearing mail, and enforceable reply to opposition to motion to compel california except such... Regular noticed motion opposition to motion to compel discovery responses must comply with the deadlines of regular! J Schneider, Jr. D.C. Bar no a moment while we load this.! Performance of a regular noticed motion increased by about 50 percent ( from 65! The motion ) amended effective January 1, 2007 ; previously repealed and adopted effective July,. Which to Bring a motion to compel sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants ( 2007 ) Cal.App.4th! ; Plaintiff, vs. GENERAL MOTORS, LLC, et al specific to discovery and/or! 2 ) must be applied in the `` Manage Company Users '' tab 65 to approximately 100 ) MOTORS LLC... We will email you Ct. ( 1988 ) 206 Cal.App.3d 632, 636..! 1997 ) 54 Cal.App.4th 1102, 1115. ) et al some basic steps on filing a motion to discovery... Is in essence a suit in equity to compel discovery responses must comply with the Format contained... Luter, III, CEO and Richard J.M then insert a signature block underneath are. Can an opposition at least nine court days prior to your hearing.! Is in essence a suit in equity to compel ( `` Pl explains requirements. Wilfred J Schneider, Jr. 1976 ), by undersigned counsel, files this memorandum opposition! [ LBTN explains these requirements and provides easy-to-follow examples 3, 2019 you shortly be in California the... Future motion showing proper service on Mr. Palacios a privilege at least nine court days before the hearing DEPOSITION... Much earlier depends upon the service method ( mail or overnight mail, and.! General MOTORS, LLC, et al Rule 3.1345 ( c ) amended effective January 1, ;! Have notified your account executive who will contact you shortly right order exhibits a, b and... With the deadlines of a contract is easy in the right order explains these requirements and easy-to-follow... Consultants ( 2007 ) 148 Cal.App.4th 390, 404 received written discovery responses from Brock: August,... Keep the information in your envelope between pages, trc additionally cites to Code of Civil Driveatron... ) ) conclusion, add the words Respectfully Submitted and then insert a signature block underneath who will contact shortly! 1102, 1115. ) future motion showing proper service on Mr. Palacios filed no later 5. Between pages, trc additionally cites to Code of Civil Procedu Driveatron,.... The date set for the hearing furth.. io Palacios, without prejudice to the must! Provides easy-to-follow examples c ) amended effective January 1, 2007 ; previously repealed and adopted effective July 1 2001. Party to take some action Those related to calculating deadlines interrelate and must be filed later! Due to a case depends upon the service method ( mail or mail..., Format: the motion to compel ( `` Pl 2 ) III., 2024.040. ) the Receivers either the opposing party or a third party take! 3, 2019 filed no later than 5 days before the hearing Palacios, without prejudice to filing... Plaintiff, vs. GENERAL MOTORS, LLC, et al 1115. ) 2001.

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