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Any Attorney
Any Street
Any Town, CA 55555
714-555-5555
Attorney for _____________
Superior Court of the State of California
For the County _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant,
Defendant.
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Case No.
NOTICE OF MOTION AND MOTION TO COMPEL
FURTHER RESPONSES TO SPECIAL
INTERROGATORIES, AND FOR MONETARY
SANCTIONS IN THE AMOUNT OF $_________,
SEPARATE STATEMENT; MEMORANDUM OF
POINTS AND AUTHORITIES, DECLARATION
OF __________, EXHIBITS
DATE: TIME:
DEPT:
To subscribe to my FREE weekly legal newsletter visit
http://www.legaldocspro.net/newsletter.htm and enter your e-mail
address. Be sure to remove this notice and all other notices before
using this document.
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To download and purchase the 30 page sample document on
which this preview is based visit:
http://www.scribd.com/doc/46994142/Sample-Motion-to-Compel-
Further-Responses-to-Special-Interrogatories-for-California
1TO: _____________________________ AND THEIR ATTORNEY OF
RECORD HEREIN:
PLEASE TAKE NOTICE that on ____________, 20___, at _______.m. or as soon thereafter
as the matter may be heard, in Department ________ of the above-entitled court, located at
__________________________ , ___________________________will and hereby does move this
Court:
1. For an order compelling ___________________________ to provide written,
verified further responses to Special Interrogatories without objections as set forth herein and in
the separate statement filed and served concurrently herewith; and
2. For an order of sanctions as against ______________________________, in the
amount of $____________ for the preparation and service of knowing incomplete responses to
the Special interrogatories, which responses contain mostly “boilerplate” objections which are
without merit.
This motion is brought pursuant to Code of Civil Procedure §§ 2023.010 and 2030.300,
and is brought by reason of the failure of ____________________, to provide any meaningful
response or to justify the objections stated therein.
This motion is based upon this notice, the attached memorandum of points and authorities,
declaration of _____________, and exhibits, the separate statement concurrently served and
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filed with this motion, and upon such oral and documentary evidence as may be presented to the
Court by _________________ at the time of the hearing.
1Dated________________ _______________________________________________
ANY ATTORNEY
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1MEMORANDUM OF POINTS AND AUTHORITIES
I.
PRELIMINARY STATEMENT
___________________________________________, (“Moving Party”) hereby submits their
memorandum of points and authorities in support of this motion seeking an order compelling
__________________________, (“________________”) to provide further responses to Special
Interrogatories. Moving Party has complied with California Rule of Court 3.1345 by filing a separate
statement concurrently herewith containing each interrogatory, each response, and basis for further
response.
This motion should be granted because Moving Party has properly completed a good faith
meet and confer effort regarding further responses to the interrogatories. Despite the fact that counsel
for Moving Party sent an extensive meet and confer letter to counsel for ______________, no
response, whether it be a letter or a supplemental response, has been received by counsel. The reasons
for the objection-only answers are without merit and Plaintiff must be held to answer.
Because Moving Party was forced to bring this motion to compel further responses, Moving
Party requests sanctions in the amount of $__________________ pursuant to Code of Civil
Procedure §§ 2023.010 and 2030.010 et. seq. As set forth herein, this motion should be granted.
II.
RELEVANT PROCEDURAL BACKGROUND
On _______________, Moving Party propounded a complete set of discovery to
______________ including form interrogatories, special interrogatories, and a request for
production of documents. (See Ex. A to _________ Declaration). On _____________, Plaintiff
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provided a written response to the form interrogatories, special interrogatories and production
demand. (___________ Decl., Ex. B.)
________________, counsel for Moving Party, reviewed the discovery responses and
immediately realized that the majority of the responses to special interrogatories consisted of nothing
but objections, the production demand response had no documents attached and a series of unfounded
objections.
Consequently, on _____________, _________________ sent an extensive meet and confer
letter regarding the discovery responses. (________ Decl., Ex. C.) ________________’s meet and
confer letter addressed all of the objections stated by ______________s responses and explained why
those objections are without merit. The meet and confer gave an additional ten days to provide
supplemental responses to the discovery before motions to compel would be filed. On or about
_______________. ______________________ received a letter from counsel for
____________________. (__________Decl., Ex. D.) In response to that letter ____________ on
__________________, sent a reply letter to ________________ in which ______________________
agreed to withdraw several of the special interrogatories. (_______________ Decl., Ex. E.)
On ______________, ______________________ sent another meet and confer letter to
_______________regarding the responses to the remaining special interrogatories.
______________________ reminded ______________________ that no further responses had been
received, and that the deadline for him to file a Motion to Compel was fast approaching. He
requested that ______________________ agree to extend his deadline for filing a Motion to Compel
for 30 days. (___________ Decl., Ex. F.) As of the filing of this motion, no response to the letter of
______________________, nor any supplemental responses have been delivered to ____________’s
office.
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III.
ARGUMENT
A. THE COURT IS AUTHORIZED TO GRANT THIS MOTION TO COMPEL
RESPONSES BECAUSE OF ‘S BLATANT FAILURE TO COMPLY
WITH THE DISCOVERY ACT
Code of Civil Procedure § 2030.300 states:
“(a) On receipt of a response to interrogatories, the propounding party may move for an order
compelling a further response if the party deems that any of the following apply: (1) an answer to a
particular interrogatory is evasive or incomplete...(3) An objection to an interrogatory is without
merit or too general.”
Interrogatories are designed to permit discovery of all facts presently known to a party upon
which it predicates its claims, and such interrogatories should be permitted, particularly where the
responding party fails to serve any response whatsoever. Burke v. Superior Court, (1969) 71 Cal.2d
276, 285). The principal objective of statutes relating to interrogatories is to provide a discovery
procedure directed to an adverse party.
B. __________________‘S RESPONSES TO THE MAJORITY OF THE SPECIAL
INTERROGATORIES ARE WITHOUT MERIT AND REQUIRE SUPPLEMENTAL
RESPONSES
As is fully and specifically briefed in the accompanying separate statement pursuant to Rule
of Court 3.1020, _______________s entire response to the majority of the special interrogatories are
nothing but repeated, boilerplate objections. General objections to an entire set are improper. See,
Code of Civil Procedure § 2030.210(a)(3); Korea Data Sys. Co. Ltd. v. Superior Court,(1997) 51
Cal.App.4th 1513, 1516.
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Code of Civil Procedure § 2030.220(a) and (b) bestow an affirmative duty to provide a
response that is as “complete and straightforward as the information reasonably available to the
responding party permits.” False or evasive answers or the posting of objections without a proper
basis is grounds for discovery sanctions. “Parties must state the truth, the whole truth, and nothing
but the truth in answering written interrogatories.” Scheiding v. Dinwiddie Const. Co., (1999) 69
Cal.App.4th 64, 76.
Objection Based On “Overbroad and oppressive”
One of Plaintiff’s boilerplate objections is to state that the discovery requested is overbroad
and oppressive. To the extent that Plaintiff truly believes that the discovery is burdensome and
harassing, their recourse would have been to meet and confer before responding and to file a motion
for protective order pursuant to Code of Civil Procedure §§ 2019.030 and 2030.090. The Discovery
Act provides that one of the main purposes of a protective order is to prevent a party from harassing
another party with burdensome and unnecessary discovery.
False or evasive answers or the posting of objections without a proper basis is grounds for
discovery sanctions. Code of Civil Procedure § 2023.010(f). Moreover, objections must be specific;
a motion to compel lies where objections are too general. Code of Civil Procedure § 2030.300.
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Sample California motion to compel further responses to special interrogatories

  • 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney Any Street Any Town, CA 55555 714-555-5555 Attorney for _____________ Superior Court of the State of California For the County _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $_________, SEPARATE STATEMENT; MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF __________, EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. - 1 -
  • 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To download and purchase the 30 page sample document on which this preview is based visit: http://www.scribd.com/doc/46994142/Sample-Motion-to-Compel- Further-Responses-to-Special-Interrogatories-for-California 1TO: _____________________________ AND THEIR ATTORNEY OF RECORD HEREIN: PLEASE TAKE NOTICE that on ____________, 20___, at _______.m. or as soon thereafter as the matter may be heard, in Department ________ of the above-entitled court, located at __________________________ , ___________________________will and hereby does move this Court: 1. For an order compelling ___________________________ to provide written, verified further responses to Special Interrogatories without objections as set forth herein and in the separate statement filed and served concurrently herewith; and 2. For an order of sanctions as against ______________________________, in the amount of $____________ for the preparation and service of knowing incomplete responses to the Special interrogatories, which responses contain mostly “boilerplate” objections which are without merit. This motion is brought pursuant to Code of Civil Procedure §§ 2023.010 and 2030.300, and is brought by reason of the failure of ____________________, to provide any meaningful response or to justify the objections stated therein. This motion is based upon this notice, the attached memorandum of points and authorities, declaration of _____________, and exhibits, the separate statement concurrently served and - 2 -
  • 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 filed with this motion, and upon such oral and documentary evidence as may be presented to the Court by _________________ at the time of the hearing. 1Dated________________ _______________________________________________ ANY ATTORNEY - 3 -
  • 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1MEMORANDUM OF POINTS AND AUTHORITIES I. PRELIMINARY STATEMENT ___________________________________________, (“Moving Party”) hereby submits their memorandum of points and authorities in support of this motion seeking an order compelling __________________________, (“________________”) to provide further responses to Special Interrogatories. Moving Party has complied with California Rule of Court 3.1345 by filing a separate statement concurrently herewith containing each interrogatory, each response, and basis for further response. This motion should be granted because Moving Party has properly completed a good faith meet and confer effort regarding further responses to the interrogatories. Despite the fact that counsel for Moving Party sent an extensive meet and confer letter to counsel for ______________, no response, whether it be a letter or a supplemental response, has been received by counsel. The reasons for the objection-only answers are without merit and Plaintiff must be held to answer. Because Moving Party was forced to bring this motion to compel further responses, Moving Party requests sanctions in the amount of $__________________ pursuant to Code of Civil Procedure §§ 2023.010 and 2030.010 et. seq. As set forth herein, this motion should be granted. II. RELEVANT PROCEDURAL BACKGROUND On _______________, Moving Party propounded a complete set of discovery to ______________ including form interrogatories, special interrogatories, and a request for production of documents. (See Ex. A to _________ Declaration). On _____________, Plaintiff - 4 -
  • 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provided a written response to the form interrogatories, special interrogatories and production demand. (___________ Decl., Ex. B.) ________________, counsel for Moving Party, reviewed the discovery responses and immediately realized that the majority of the responses to special interrogatories consisted of nothing but objections, the production demand response had no documents attached and a series of unfounded objections. Consequently, on _____________, _________________ sent an extensive meet and confer letter regarding the discovery responses. (________ Decl., Ex. C.) ________________’s meet and confer letter addressed all of the objections stated by ______________s responses and explained why those objections are without merit. The meet and confer gave an additional ten days to provide supplemental responses to the discovery before motions to compel would be filed. On or about _______________. ______________________ received a letter from counsel for ____________________. (__________Decl., Ex. D.) In response to that letter ____________ on __________________, sent a reply letter to ________________ in which ______________________ agreed to withdraw several of the special interrogatories. (_______________ Decl., Ex. E.) On ______________, ______________________ sent another meet and confer letter to _______________regarding the responses to the remaining special interrogatories. ______________________ reminded ______________________ that no further responses had been received, and that the deadline for him to file a Motion to Compel was fast approaching. He requested that ______________________ agree to extend his deadline for filing a Motion to Compel for 30 days. (___________ Decl., Ex. F.) As of the filing of this motion, no response to the letter of ______________________, nor any supplemental responses have been delivered to ____________’s office. - 5 -
  • 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. ARGUMENT A. THE COURT IS AUTHORIZED TO GRANT THIS MOTION TO COMPEL RESPONSES BECAUSE OF ‘S BLATANT FAILURE TO COMPLY WITH THE DISCOVERY ACT Code of Civil Procedure § 2030.300 states: “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the party deems that any of the following apply: (1) an answer to a particular interrogatory is evasive or incomplete...(3) An objection to an interrogatory is without merit or too general.” Interrogatories are designed to permit discovery of all facts presently known to a party upon which it predicates its claims, and such interrogatories should be permitted, particularly where the responding party fails to serve any response whatsoever. Burke v. Superior Court, (1969) 71 Cal.2d 276, 285). The principal objective of statutes relating to interrogatories is to provide a discovery procedure directed to an adverse party. B. __________________‘S RESPONSES TO THE MAJORITY OF THE SPECIAL INTERROGATORIES ARE WITHOUT MERIT AND REQUIRE SUPPLEMENTAL RESPONSES As is fully and specifically briefed in the accompanying separate statement pursuant to Rule of Court 3.1020, _______________s entire response to the majority of the special interrogatories are nothing but repeated, boilerplate objections. General objections to an entire set are improper. See, Code of Civil Procedure § 2030.210(a)(3); Korea Data Sys. Co. Ltd. v. Superior Court,(1997) 51 Cal.App.4th 1513, 1516. - 6 -
  • 7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code of Civil Procedure § 2030.220(a) and (b) bestow an affirmative duty to provide a response that is as “complete and straightforward as the information reasonably available to the responding party permits.” False or evasive answers or the posting of objections without a proper basis is grounds for discovery sanctions. “Parties must state the truth, the whole truth, and nothing but the truth in answering written interrogatories.” Scheiding v. Dinwiddie Const. Co., (1999) 69 Cal.App.4th 64, 76. Objection Based On “Overbroad and oppressive” One of Plaintiff’s boilerplate objections is to state that the discovery requested is overbroad and oppressive. To the extent that Plaintiff truly believes that the discovery is burdensome and harassing, their recourse would have been to meet and confer before responding and to file a motion for protective order pursuant to Code of Civil Procedure §§ 2019.030 and 2030.090. The Discovery Act provides that one of the main purposes of a protective order is to prevent a party from harassing another party with burdensome and unnecessary discovery. False or evasive answers or the posting of objections without a proper basis is grounds for discovery sanctions. Code of Civil Procedure § 2023.010(f). Moreover, objections must be specific; a motion to compel lies where objections are too general. Code of Civil Procedure § 2030.300. If you like this sample document visit the Facebook page for LegalDocsPro at http://www.facebook.com/LegalDocsPro and give it a like. - 7 -