Q: Response to Motion to Compel further discovery.
IF a defendant proceeds with Motion to Compel further discovery - how Plaintiff can oppose before hearing (Motion, Opposition). Applicable statute and rules.
A:
Under California law, if a defendant files a Motion to Compel further discovery, the plaintiff can oppose the motion before the hearing by filing an Opposition to the Motion to Compel. The applicable statutes and rules are as follows:
1. California Code of Civil Procedure (CCP) § 2030.300 (for interrogatories), § 2031.310 (for inspection demands), and § 2033.290 (for requests for admission) provide the basis for a party to move for an order compelling further responses to discovery.
2. California Rules of Court, Rule 3.1020 states that the opposition to a motion must be served and filed at least 9 court days before the hearing date if personally served, or 12 court days if served by mail.
3. The Opposition should include a memorandum of points and authorities, a declaration or affidavit supporting the opposition, and a proposed order (CCP § 2030.300(b), § 2031.310(b), and § 2033.290(b)).
4. The Opposition should address the specific discovery requests at issue and explain why the plaintiff's responses are adequate or why the requested information is not discoverable (e.g., privileged, not relevant, or unduly burdensome).
5. If the Opposition relies on any supporting documents, such as exhibits or declarations, they must be attached to the Opposition and properly authenticated (CCP § 2015.5).
6. The plaintiff must serve the Opposition on the defendant and file it with the court within the specified time frame before the hearing date.
It is essential for the plaintiff to carefully review the defendant's Motion to Compel and address each argument raised in the motion in their Opposition. If the court finds that the plaintiff's Opposition has merit, it may deny the defendant's Motion to Compel or grant it only in part.
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