Q: Matters crucial for discovery. Enforcement

A: Under California law, when a defendant hospital objects to discovery requests and the subject matter of those requests is crucial to the case, filing a motion to compel along with a demand for a privilege log can be an effective tool to obtain meaningful responses. Here's why:

1. Motion to Compel: If the defendant hospital provides evasive, incomplete, or objectionable responses to discovery requests, the plaintiff can file a motion to compel under California Code of Civil Procedure (CCP) § 2030.300 (for interrogatories) or CCP § 2031.310 (for requests for production). The motion asks the court to order the defendant to provide proper responses.

2. Meet and Confer: Before filing the motion, the plaintiff must make a reasonable and good faith attempt to informally resolve the discovery dispute with the defendant (CCP § 2016.040). This "meet and confer" process is mandatory.

3. Privilege Log: If the defendant hospital claims that certain responsive documents are protected by privilege (e.g., attorney-client privilege, work product), the plaintiff can demand a privilege log under CCP § 2031.240. The privilege log must identify each withheld document, the privilege claimed, and facts supporting the privilege. This allows the plaintiff to assess the validity of the privilege claims.

4. Compelling Production: If the court grants the motion to compel, it will order the defendant hospital to serve proper responses and produce the requested documents, unless they are privileged. The court may also impose monetary sanctions on the defendant for misuse of the discovery process (CCP § 2023.030).

5. In Camera Review: If the privilege claims are disputed, the court may conduct an in camera review of the withheld documents to determine if the privilege applies (CCP § 2031.285). If the court finds that documents were improperly withheld, it can order their production.

While a motion to compel with a demand for a privilege log can be effective, it's not the only tool available. Other options include:

- Meet and confer conferences to narrow disputes

- Protective orders to limit scope of discovery

- Stipulations between parties regarding discovery

- Depositions to explore factual basis for objections

- Motions for sanctions for discovery abuse

The best approach depends on the specific facts of the case, the importance of the disputed discovery, and the relative strengths and weaknesses of each party's position. Consultation with an experienced California civil litigation attorney can help devise an appropriate discovery strategy.