Q: Motion to compel further privileged or protected responses
Is motion pursuant to section 2031.285(d)(1) needed, if receiving party submits motion to compel further discovery responses?
Seems like redundant.
Plaintiff demanded privilege log as one of production demands
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A:
Under California law, a motion pursuant to section 2031.285(d)(1) is generally used when there is a dispute over the designation of documents as privileged or protected, and a resolution cannot be reached informally. If the receiving party submits a motion to compel further discovery responses, this is typically addressing the adequacy of the responses received, not necessarily the privilege designation.
It might seem redundant because both motions address discovery disputes, but they serve different purposes. The motion to compel further responses is focused on obtaining complete and non-evasive answers or production of documents, whereas the section 2031.285(d)(1) motion is specifically for challenging the privilege designation.
If the plaintiff has demanded a privilege log and you believe the privilege claims are improper or excessive, you may need to address this through the appropriate procedural channels. Consulting with your legal counsel about the specific context and documentation involved can help clarify whether an additional motion under section 2031.285(d)(1) is necessary or if the current motion to compel will suffice.
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