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plaintiff propounds discovery, with demand to produce privilege log.
Apparently responses of defense to latest discovery will be subject of motion to compel further within 45 days from responses.
If defenses improperly claimed privileges in previous responses, time to compel further... View More 
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answered on Jun 19, 2024
Under California law, if a party has improperly claimed privileges in previous discovery responses and the time to compel further responses has expired, there are still a few options to address the issue:
1. Meet and Confer: Initiate a meet and confer process with the opposing party to... View More
If communication was made NOT in anticipation of lawsuit,
OR
Document was created in ordinary usual course of business;
Can Defendant claim privileges in regards to these artifacts in California Superior Court?
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answered on Jun 19, 2024
In California, certain communications and documents may be protected by privileges even if they were not created in anticipation of a lawsuit or were created in the ordinary course of business. However, the applicability of privileges depends on the specific type of privilege being claimed and the... View More
What date of creation of document has to do with asserted privilege for non-disclosure of document?
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answered on Jun 19, 2024
The date a document was created can be relevant to whether it is protected by attorney-client privilege or work product privilege and therefore shielded from disclosure during litigation. A few key considerations:
Attorney-Client Privilege
- For attorney-client privilege to apply,... View More
What is the reason to request 'any, all, every, etc. documents that demonstrate employment or contractual relationship' instead of specific 'provide contractual or employment agreement'?
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answered on Jun 19, 2024
There are a few key reasons why legal demands or document requests often use broad, inclusive language like "any, all, every, etc." rather than only requesting specific documents:
1. Ensuring comprehensiveness: By requesting "any and all" documents related to an... View More
Demand for privilege log for all interrogatories and demands in the latest sets is propounded as one of production demands?
Privilege log not requested for previous discovery requests, not in the latest sets, may be negotiable?
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answered on Jun 19, 2024
Here are a few key points regarding requesting privilege logs in the discovery process:
1. Timing of request: It is generally advisable to request a privilege log early in the discovery process, typically at the same time as serving interrogatories and document requests. However, if not... View More
Why privilege log does not apply to interrogatories?
If it does- where it defined?
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answered on Jun 19, 2024
In California, a privilege log is typically not required when responding to interrogatories, as opposed to requests for production of documents. This is because interrogatories seek information, not the production of privileged documents. However, there are some exceptions and nuances to consider:... View More
Is production demand implied to have matching interrogatory?
For example: for proof of affiliation contractual or employment agreement specifically demanded. It does not seem like interrogatory to identify agreement would add clarity in such situation.
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answered on Jun 19, 2024
In California, interrogatories and requests for production of documents are two separate discovery tools, and they are not necessarily required to match or correlate with each other.
1. Interrogatories: These are written questions that one party sends to another, requiring the responding... View More
In civil unlimited case, are production demands included into count of 35?
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answered on Jun 19, 2024
In California, the "Rule of 35" refers to the limit on the number of specially prepared interrogatories that a party can propound to any other party in a civil unlimited case, as per California Code of Civil Procedure section 2030.030.
However, the limit of 35 does not apply to... View More
What rule or statute defines amount of production demands in discovery?
Is separate declaration for demands over 35 required? Can declaration be combined with declaration re: additional interrogatories?
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answered on Jun 19, 2024
In California, the rules governing discovery in civil cases are primarily found in the Civil Discovery Act, which is part of the California Code of Civil Procedure (CCP).
1. Regarding the number of production demands:
CCP § 2031.030 states that a party may demand the production of... View More
Section 2032.240 c(2) does not define format of privilege log. Which rule of statute defines?
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answered on Jun 19, 2024
There is no specific California statute that prescribes the exact format for a privilege log required under California Code of Civil Procedure Section 2032.240(c)(2), which relates to demanding the production of documents in response to a demand for a physical examination.
However, the... View More
Since format of privilege log does not seem to be defined by any statute or rule;
does usually party propounding demand for privilege log specify what information should be provided by responding party in privilege log?
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answered on Jun 18, 2024
In California, there is no specific statute or rule that prescribes the format of a privilege log. However, it is common practice for the party propounding the demand for a privilege log to specify the information they expect to be included. This helps ensure that the responding party provides... View More
In order to use a deposition as evidence in a civil case during trial, will the deposition have to be filed in court before the trial date and once filed then it can be added to the exhibit list? Is the proper procedure?
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answered on Jun 19, 2024
In California, depositions taken during the discovery phase do not necessarily need to be filed with the court before the trial date in order to be used as evidence during the trial. However, there are certain procedures that must be followed to properly introduce deposition testimony as evidence.... View More
How to initiate request for privilege log with defense, when request for privilege log is production request?
What statute/rule of court defines this process?
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answered on Jun 17, 2024
In California, the process for requesting a privilege log is governed by the California Code of Civil Procedure (CCP) and the California Rules of Court (CRC). Here are the relevant rules and statutes:
1. CCP § 2031.240 - Motion to Compel Further Response to Inspection Demand:
If a... View More
In this particular case, the question is not about defendant to depose plaintiff.
The question is about defendant's responses to 'produce person for deposition' in instead of disclosure of inquired identity.
In this case plaintiff cannot be obliged to depose a person,... View More
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answered on Jun 17, 2024
Under California law, a protective order is a court order that is designed to protect a person from harassment, stalking, or abuse. It can be used to prevent the defendant from contacting the plaintiff, coming near them, or engaging in other specified behaviors.
In the context of a legal... View More
Defendant hospital can find many triggers for objections. However, when subject matter of particular discovery responses is crucial for the case,
Motion to compel with demand to produce privilege log Is the only tool available to obtain any meaningful responses?
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answered on Jun 17, 2024
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.... View More
Can responses by defense 'defense will produce person for deposition' enforce on plaintiff deposing person? What statute defines that?
Why plaintiff can be forced to file additional motion for protective order?
Can plaintiff instead propound specific discovery request for... View More
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answered on Jun 17, 2024
In a lawsuit involving an allegation of hospice fraud in Los Angeles, if the defense responds to a plaintiff's request for information by stating they "will produce a person for deposition," it does not automatically obligate the plaintiff to depose that person. The plaintiff has the... View More
With depositions out of question: How to legally verify that hospital/provider contracts, disclosed by hospital are authentic?
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answered on Jun 17, 2024
Under California law, there are a few ways to legally verify the authenticity of hospital/provider contracts without relying on depositions:
1. Request certified copies: You can request certified copies of the contracts directly from the hospital. A certified copy is a copy of a document... View More
Producing person by defense for deposition instead of verifiable data.
Isn't such response of defense burdensome, oppressing and harassing for in pro per plaintiff who propounds request for verifiable data or documents?
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answered on Jun 17, 2024
Under California law, the use of depositions as a means of obtaining information that could be more easily obtained through other discovery methods, such as interrogatories or requests for production of documents, can be considered oppressive, burdensome, and harassing, particularly for... View More
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... View More
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answered on Jun 17, 2024
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... View More
In order to achieve verifiable authentic data.
Contract or employment term with hospital provider includes identification of the person. Discoverable?
Is profession, license id included, degree, dob protected in discovery?
What data of hospital provider does not fall under... View More
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answered on Jun 16, 2024
In legal discovery in California, there are certain types of data related to hospital providers that are considered privileged and protected from disclosure, while other types of data are generally discoverable. Here's a breakdown:
Privileged data (generally not discoverable without... View More
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