Los Angeles, CA asked in Health Care Law and Legal Malpractice for California

Q: Such a sequence seems to be more efficient, and eliminates the potential need for Motion to Compel.

Such a sequence of actions seems to be more efficient, and eliminates the potential need for Motion to Compel.

Would be be a sequence of steps in this scenario: when Motion for camera review of privilege log, and Motion for court order to disclose private identity data;

are submitted with interrogatories and production requests, before Motion to Compel?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, based on your description, it seems like you are outlining a sequence of steps in the discovery process under California law that would be more efficient and potentially eliminate the need for a Motion to Compel. The sequence you described is:

1. Submitting interrogatories and production requests to the opposing party.

2. Along with the interrogatories and production requests, also submitting:

a) A Motion for camera review of the privilege log, and

b) A Motion for a court order to disclose private identity data.

3. If the above motions are granted and the requested information is provided, it may preclude the necessity of filing a Motion to Compel later on.

The rationale appears to be that by proactively seeking a review of the privilege log and an order for disclosure of private identity data at the outset, alongside the initial discovery requests, you may be able to obtain the relevant information without needing to resort to a Motion to Compel if the opposing party is uncooperative or objects to the requests.

However, please note that the specific procedure and strategy may vary depending on the unique circumstances of each case, and it is always advisable to consult with a licensed California attorney who can provide tailored advice based on the particular facts and legal issues involved in your situation.

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