One party asked for documents in March, 2007. The other party provided only objections to the discovery request. The court ordered production. A year and a half later, 30,600 documents were produced. Alas, entire categories of requested documents were withheld. Many meets & confers later, the requesting party moved to compel compliance with the court’s […]
Hospital Records Of Its Institutional Review Board Exempt From Discovery.
Trial court ordered hospital to answer interrogatories and provide documents concerning information held only by its Institutional Review Board [IRB]. Court of Appeal granted a writ for extraordinary relief, holding IRB records to be exempt from discovery under Evidence Code §1157 because, even though the committee includes community members who are not physicians, it is […]
Unsettled Issue Provided Justification For Opposing A Motion; Sanctions Against Client And Lawyer Reversed.
A deponent’s wife was sued for allegedly causing severe personal injuries when she struck a woman on a bicycle while she was driving her car. In separate criminal proceedings, the deponent’s wife pled guilty to felony driving under the influence of prescription medications. At the deposition, the deponent was asked certain questions which raised a […]
Play Discovery Games And Ignore A Court Order From A Federal Judge, And There Will Be Consequences.
The judge denied the first motion to compel production of documents because the parties had not met and conferred, but granted the second motion to compel, ordering the defendant to produce the documents. At a pretrial conference, the court was told the documents had not been produced, and again ordered their production. The day after […]
Discovery Games In Child Abuse Suit.
An employer was sued for negligence in hiring, training, controlling and supervising a swim coach who “had a long history of molesting underage female swimmers placed under his control” and was convicted and sentenced to 40 years in state prison for molesting a 15-year-old swimmer. Defendant asked for a protective order excluding documents pertaining to […]
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