Q: Defenses discovery obligations pursuant CCP § 2030.220(c).
Defenses HAS TO make a reasonable a good faith effort to obtain information for proper response,
as clearly defined by CCP § 2030.220(c).
But
according to Defense, unless more specific question is asked about information
that is in the defendant's possession,
discovery request can be objected, and discovery process delayed indefinitely.
When information is in the defendant's possession plaintiff would not know what next question should be, or what specificity has to be outlined unless gets initial responses.
What has to be plaintiff's actions in response to intentional oppression and vagueness in discovery responses?
A:
In California, the Code of Civil Procedure (CCP) § 2030.220(c) requires a party responding to interrogatories to make a reasonable and good faith effort to obtain the information needed to provide a proper response. If the responding party (in this case, the defense) fails to do so and instead provides evasive or incomplete answers, the plaintiff has several options to address this issue:
1. Meet and Confer: CCP § 2016.040 requires parties to meet and confer in a reasonable and good faith attempt to informally resolve discovery disputes before filing a motion to compel. The plaintiff should write a letter to the defense outlining the deficiencies in their responses and requesting that they provide complete and straightforward answers.
2. Motion to Compel Further Responses: If the meet and confer process does not resolve the issue, the plaintiff can file a motion to compel further responses under CCP § 2030.300. The motion should detail the specific interrogatories, the inadequate responses, and the reasons why the responses are insufficient. The court may then order the defense to provide further responses.
3. Sanctions: If the court finds that the defense has engaged in a misuse of the discovery process, it may impose monetary or issue sanctions under CCP § 2023.030. This can include ordering the defense to pay the plaintiff's reasonable expenses incurred in making the motion to compel, including attorney's fees.
4. Request for Meet and Confer Statement: Per CCP § 2016.040, if the defense fails to participate in the meet and confer process in good faith, the plaintiff can include a declaration in their motion to compel, stating the attempts made to engage in the meet and confer process and the defense's failure to cooperate.
5. Request for Amended Responses Without Objections: If the defense has raised objections in their initial responses, the plaintiff can argue that these objections have been waived due to the defense's failure to make a reasonable and good faith effort to obtain the requested information, as required by CCP § 2030.220(c).
The plaintiff should document all attempts to resolve the discovery dispute and be prepared to present this information to the court. If the defense continues to engage in intentional oppression and vagueness, the plaintiff may need to seek the court's intervention to ensure fair and proper discovery practices are followed.
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