Id. CCP 415.10; CCP 416.10 thru CCP 416.90 In most cases, attorneys need to have a clear reason for objecting. Its also important to note, the failure to serve competent responses was not a willful refusal to comply with discovery. (Coy v. Super. Id. at 1009-10. The Appellate Court held that although experts were generally required to provide such information to demonstrate any bias or prejudice, precise information about experts billing and accounting excessively intruded upon the experts privacy interests. at 350. Plaintiffsued defendant, his former employer (PriceWaterhouse, a national firm), to recover retirement benefits. A cookie file is stored in your web browser and allows us to store things like your user preferences to make your next visit easier and the service more useful to you. The Appellate Court held that when an attorney retains an expert, the attorney vouches for the experts competence, and has a duty to obtain from the expert whatever information was necessary to support the experts competence. at 59-61. Id. The Court maintained that information not in the responding partys control, or equally available to the propounding party, need not be given. Id. Id. The court noted that where fraud is charged, evidence of other fraudulent representation of like character by the same parties at or near the same time is admissible to prove intent. Id. Id. The Court of Appeal issued the writ directing the trial court to grant plaintiffs motion to compel. The Court pointed out that, as to the persons most knowledgeable, Code Civ. 0000043729 00000 n Uncertain, ambiguous, or confusing Id. Title: Blanket Objections Author: Jerold S. Solovy and Robert L.Byman Subject: Jenner && Block Discovery Update Resource Center Keywords: Multiple choice: A "blanket objection" is: (a) a frequent but futile lament about the falling snow; (b) a marital dispute over the disproportionate amount of bed comforter arrogated by one spouse over the other; or (c) no comfort at all. at 73. In response to the subpoena served pursuant toCode Civ. Counsel may ask that the scope be limited in time or otherwise. Instead, a party must object "to the particular demand for inspection, copying, testing, or sampling" and See C.C.P. 0000026959 00000 n . The Court went on to explain that the joint defense agreement could not serve as the sole ground for withholding the documents. The defendant objected to the questions as improperly calling for legal conclusions and suggested that plaintiff propound the same questions through interrogatories. Id. Plaintiff sought the production of close to 200 documents reflecting communications that took place between the two defendants both before and after they finalized their transaction, but before plaintiff filed its lawsuit.
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