Q: In summary. Motion for in camera review is served with motion to compel, after privilege log was created.
In summary. Motion for in camera review of privilege log is served with motion to compel further; after privilege log was created by defendant in response to production request, that was included into plaintiff's discovery requests. Correct?
A:
Yes, that is generally correct under California law. Here's a summary of the process:
1. The plaintiff serves discovery requests on the defendant, which may include requests for production of documents.
2. The defendant responds to the discovery requests and produces a privilege log for any documents withheld on the basis of attorney-client privilege, work product doctrine, or any other applicable privilege.
3. If the plaintiff believes that the defendant has improperly claimed privilege for certain documents on the privilege log, the plaintiff may file a motion to compel further production of those documents.
4. Along with the motion to compel further production, the plaintiff may also file a motion for in camera review, requesting that the court privately review the documents listed on the privilege log to determine whether the claimed privilege applies.
5. The motion for in camera review is served on the defendant together with the motion to compel further production.
6. The court may then decide to grant or deny the motion for in camera review. If granted, the court will review the disputed documents in private and make a determination on the applicability of the claimed privilege.
It's important to note that the specific procedures and requirements may vary depending on the court and the individual case, so it's always best to consult the applicable California Rules of Court and local court rules.
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