Q: How data dump issue with missing data has to be referenced in motion to compel further?

A: In a motion to compel further responses to discovery requests under California law, you should address the issue of the incomplete data dump by the defense as follows:

1. Specifically identify the discovery requests at issue and the deficiencies in the responses provided by the defense.

2. Describe the data dump provided by the defense, emphasizing that it contains thousands of pages and miscellaneous files that do not include the crucial information requested.

3. Highlight that in subsequent discovery responses, the defense has referred to the previously provided data dump as if it contained the requested information, despite the fact that it does not.

4. Argue that the defense has a duty to conduct a reasonable and diligent search for the requested information, which includes contacting their client to determine the location of the missing data that is crucial to the lawsuit.

5. Cite relevant California case law and statutes that support your position, such as:

- California Code of Civil Procedure (CCP) § 2031.310, which allows a party to move for an order compelling further responses to a demand for production of documents.

- CCP § 2031.280(a), which requires a party responding to a demand for production to produce documents as they are kept in the usual course of business or organize and label them to correspond with the categories in the demand.

- Cases that emphasize the importance of providing complete and responsive discovery and the court's authority to compel further responses when necessary.

6. Request that the court order the defense to conduct a thorough search for the missing data, contact their client to determine its location, and provide complete and responsive answers to the discovery requests within a specified timeframe.

7. Consider seeking sanctions under CCP § 2023.030 for the defense's failure to provide complete and accurate responses, if appropriate.

Remember to follow the proper format for a motion to compel under California law, including a notice of motion, memorandum of points and authorities, declaration supporting the motion, and a proposed order.