Opposition to motion to compel california. (BP Alaska California Points and Authorities KFC 1010 .

P. MEGHAN F. Jul 13, 2024 · Opposition to Motion to Compel Arbitration Superior Court of California San Francisco Timing Serve Motion to Compel Arbitration In Lieu of Answer . DANIEL E. To gain a strategic advantage, it is important that you file your motion to compel before the defense files a motion for protective order. Plaintiffs’ Opposition to Defendants’ Motion to Compel Defendants’ motion seeks to compel production of Plaintiffs’ internal memoranda and notes. Calculating the Deadline Dec 12, 2020 · 8 pages 1 macauley ekpenisi, esq. g. Proc. (Mullikin Med. 21CV002714 DAVID A. 300(b), 2031. Calculating the Deadline Jun 11, 2021 · Even Without Opposition. 1345(a); Weinstein v. Sep 16, 2015 · defendants’ opposition to plaintiffs’ motion to compel discovery and request for protective order - i dwt 27859430v3 0200353-000002 seattle, wa 98101 Jan 1, 2016 · Opposition to Motion to Compel Discovery Superior Court of California San Francisco Timing 9 Court Days Before the Hearing. Aug 1, 2012 · In California, the deadlines with respect to notice of motions, oppositions and replies to oppositions to most motions in civil litigation matters are governed by California Code of Civil Procedure section 1005. The answering or objecting party may file a response to the motion to compel. Facsimile: (415 Mar 8, 2023 · motion to compel further responses to a request for production of documents must “set forth specific facts showing ‘good cause’ justifying the discovery sought by the demand. A petition to compel arbitration may be filed in lieu of filing an answer. 253(b)(2) of the California Rules of Court, Orange County Superior Court Rule 352, and Administrative Order 13/03, all documents filed by attorneys in limited, unlimited, and complex civil actions must be filed electronically unless the Court rules otherwise. It requires a separate statement for each discovery motion, unless no response has been provided or the court allows a concise outline. CGC-19-580012 DISCOVERY PLAINTIFF'S SURREPLY TO REPLY RE: MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORES, SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND OPPOSITION TO MOTION FOR SANCTIONS Date: July 22, 2020 Time: 9:00 a. February 14, 2025. Blue Cross of California et al. 1 1777 San Vicente Blvd. 310(b), 2032. Motions (a) Motion and opposition (1) Except as these rules provide otherwise, a party wanting to make a motion in a reviewing court must serve and file a written motion stating the grounds and the relief requested and identifying any documents on which the motion is based. MOTION TO COMPEL FURTHER RESPONES TO SPECIAL INTERROGATORIES SELARZ LAW CORP. Electronic Access: On the Law Library’s computers, using Lexis Advance. dba skylark limousine’s opposition to motion to compel further responses and to strike defendant’s objections to plaintiff’s request for admissions, set one hearing: dept. 8681 SELARZ LAW CORP. 2024 California Rules of Court. The case of Vidal Sassoon, Inc. 010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the Opposition to Motion to Compel Discovery Superior Court of California San Bernardino Timing 9 Court Days Before the Hearing. R. 1114, must serve and file a supporting memorandum. Superior Court (1983) 147 Cal. Ctr. 4th 654 (2006), the court noted that “when a party merely joins in a motion for summary judgment without presenting its own evidence, the party fails to establish the necessary factual foundation to support the motion”…and that “joining in an argument is different from joining in a motion. CCP § 1005 (b) (amended eff 1/1/23). 1348(a) of the California Rules of Court states: “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery Jan 1, 2016 · Opposition to Motion to Compel Discovery Superior Court of California Riverside Timing 9 Court Days Before the Hearing. App. 7. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. Sep 1, 2016 · 20 OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL OO 0 3 Oa Wn hk W N = N N N N N N N N N m m mm e m e m e m e a e m e m Co O J O N Ln BA W I N D = O VO N N N B A W = O In addition to having been previously propounded as shown above, Requests Nos. Calculating the Deadline arguments in support of the motion; and; a certification that the moving party has conferred (or attempted to confer) in good faith with the person or party failing to make a proper response to discovery. ⁠72. 6 of the Code of Civil Procedure, rule 2. fadare, esq. Telephone: 310. the day Feb 7, 2023 · The plaintiffs argued, among other things, that the agreement was substantively unconscionable because it was governed by the Federal Arbitration Act (the “FAA”) and thus violated section 925 of the California Labor Code (“Section 925”), which prohibits employers from requiring California employees to waive the substantive protections California Civil Practice: Procedure (Bancroft-Whitney) KFC 995 . Here's how you know If defendants will still not comply after the meet and confer process, seek an informal discovery conference (“IDC”) if required in the particular jurisdiction, and file a motion to compel. CCP § 412. Rider and stop him from participating in this lawsuit, defendants now move Nevertheless, even if we assume that the trial court could properly treat defendant's objections or opposition to petitioner's motion to compel answers under section 2034, subdivision (a), as a request by defendant for a protective order under section 2019, it is clear that the trial court did not exercise or even purport to exercise the Feb 16, 2023 · When a party receives responses to written discovery requests that they feel are legally inadequate, they can file a motion to compel the discovery. , Suite 702 . Pursuant to section 1010. The trial court Motion to Compel Arbitration Superior Court of California Los Angeles Timing Serve Motion to Compel Arbitration In Lieu of Answer . ) (1997) 58 Cal. A motion to compel against a non-party must be brought in the court in the district where the discovery is taken. Re: Widget Corp. Superior Court holding that interrogatory responses containing a combination of unverified factual responses and objections only trigger the 45-day clock to bring a motion to compel when the responding party serves its subsequent verifications. 3d 681 at 685 (Pre Opposition to Motion to Compel Discovery Superior Court of California Alameda Timing 9 Court Days Before the Hearing. 290 was for the lawyers to revisit their position, and in good faith, discuss a resolution in order to avoid unnecessary discovery motions. Apr 5, 2019 · Defendant opposes 26 the motion on the grounds that (1) Plaintiffs have failed to show good cause as to why this 27 information is relevant and (2) Plaintiffs have failed to provide evidence showing that there is 28 {02360044. Opposition to Motion to Compel Discovery Superior Court of California Santa Clara Timing 9 Court Days Before the Hearing. 287555) dselarz@selarzlaw. May 15, 2012 · Santa Monica California 90401 Telephone: (310) 402-6094 Facsimile: (323) 210-7071 Email: micahkatz@gmail. . Delaware Court of Chancery . 20(a)(3). 351 California Street, Suite 700 . Nov 15, 2020 · A Motion to Compel Discovery Responses in California under CCP § 2030. All opposition papers must be filed and served at least 9 court days before the hearing. (BP Alaska California Points and Authorities KFC 1010 . 8685 • F: 310. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compel answers at a deposition; 2024 California Rules of Court. , to move to compel further responses to discovery, or you manually calculate the last day to respond to something, e. 410, fails to appear for examination, or to proceed 1 Plaintiffs use the term “GFA” throughout this Opposition to refer jointly to Defendants Gospel for Asia, Inc. 5th 316, 318 Sep 9, 2010 · You have been served with the Motion to Compel Further Responses with a Separate Statement of Items in Dispute the size of your fist and your response is due in two weeks. 250 and 2033. , § 2025. Horan,Deputy Clerk 1 State Bar No. 310(b)(1). m. We are a non-profit 501(c)(3) charitable organization dedicated to providing free community legal services to Clark County's low income residents since 1958. a professional law corporation 3 14401 gilmore street. 300 is a legal action taken when a party fails to serve timely responses to discovery requests, such as interrogatories or requests for production. com OPPOSITION TO MOTION TO COMPEL SUBPOENA COMPLIANCE A motion to compel disclosure or discovery pursuant to Rule 37 must be brought in the court where the action is pending. ) However, it declined to state whether any such motion to compel further responses should be subject to time limitations. Jan 1, 2002 · (e) Documents in opposition to motion Except as provided in Code of Civil Procedure section 437c(r) and rule 3. Evasive or Incomplete Disclosure Cookies are small pieces of text sent to your web browser by a website you visit. Rules of Court, rule 3. The Quisenberry Law Firm, 135 Cal. 040]. 4, which provides that if a controversy has been ordered to arbitration by a court of competent jurisdiction whether in California or not and has an action or proceeding pending before a California court, then upon motion of a party to such action or proceeding, the court shall stay the Aug 5, 2010 · Motions to compel further responses to interrogatories, requests for productions of documents and requests for admissions require that the motion be filed within 45 days. DOCX} 1 DEFENDANT’S OPPOSITION TO PLAINTIFFS’ MOTION TO COMPEL DEFENDANT’S FURTHER RESPONSES TO SPECIAL Section 2025. (Sexton v. If I am composing an OPPOSITION to such a motion, do I have to include a separate statement also? Customer Support. Oct 26, 2021 · motion to compel - motion to compel initial responses [motion compel 3 of … Preview Electronically FILED by Superior Court of California, County of Los Angeles on 09/30/2019 08:52 AM Sherri R. If you manually calculate the last day to take a particular action, e. The motion to compel must be filed within 45 days of the service of the verified responses or any supplemental verified response. Sanctions can only be awarded to the party “who successfully makes or opposes a motion to compel. CIVDS1 723565 Motion to Compel Further Responses to Request for ProductioBK Tentative Ruling: ’ PrimeCare largely repeats the same objections for many requests. A nonprofit law firm dedicated to providing civil legal services to the most vulnerable in our community. 450 - Motion to compel deponent testimony and production (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025. C 11-2173 SI OPPOSITION TO MOTION TO COMPEL Deadlines must be calculated at every phase of the California state court lawsuit. Eastern Time in order to be considered timely filed and/or served Case No. 5th 127, 136. 1351, the opposition to a motion must consist of the following separate documents, titled as shown: (1) [Opposing party's] memorandum in opposition to [moving party's] motion for summary judgment or summary adjudication or both; Jul 15, 2024 · Opposition to Motion to Compel Arbitration Superior Court of California Riverside Timing Serve Motion to Compel Arbitration In Lieu of Answer . This is allowed by Code of Civil Procedure section 1281. LOWE (SBN 178811) dal@rezlaw. : 201409 Law Offices of Edward J. 480. 300 because petitioner failed to file the motions and supporting documentation within 45 days, plus any extension based on the method of service, of when plaintiffs originally served their responses. Reply to noticed motion – 5 court days before hearing. ) may be governed by the Code of Civil Procedure (“C. Oct 20, 2022 · On October 17, 2022, the California Court of Appeal, Fourth Appellate District, Division 3, issued a decision in Golf & Tennis Pro Shop, Inc. Carter, Executive Officer/Clerk of Court, by M. Jan 29, 2021 · The 45-day time limit is mandatory and “jurisdictional” (court has no authority to grant a late motion). 4th 1403, 1410 (late-filed motion to compel must be denied where objection raised at hearing even if omitted in opposition papers). B4 (Ready Reference) Provides sample Points and Authorities on hundreds of topics. YAMASAKI, Clerk of the Court By e Clerk, Deputy Clerk. Important Advisements. 1345 of the California Rules of Court does not explicitly provide a remedy for failure to comply with it, at least one appellate court has cited with approval the trial court’s dropping of a motion to compel discovery where the moving part failed to comply with Rule 335, which was renumbered as Rule 3. 651. O6 P37 Aug 16, 2018 · Electronically Filed by Superior Court of California, County of Orange, 06/16/2020 02:57:00 PM. and Gospel for Asia-International. Mar 9, 2022 · PLAINTIFF’S OPPOSITION TO DEFENDANT’S AMENDED MOTION TO COMPEL ARBITRATION AND STAY ACTION CASE NO. Ex Parte Motion – Opposing party must be notified by 10:00 A. Dept: 302 Action Filed: October 15, 2019 Trial Date: March 8, 2021 Plaintiff C. com . 1330. Casey Counselor, Esq. Mon-Fri 7:30am–5:00pm (PST) 1 (800) 232-3444; 1 (800) 750-9155 (Tech) Email Support Jul 12, 2024 · A motion to compel further response to a demand for production under CCP §2031. SELARZ (State Bar No. Counselor: Preview Electronically FILED by Superior Court of California, County of Los Angeles on 07/12/2019 02:13 PM Sherri R. California Law & Motion Model Forms KFC 1012 . , ste 203 van nuys ca 91401 4 tel: 818-668-3359 fax: 818-561-3660 5 email: oceanbridgelaw@gmail. MR. CCP §§ 2030. A petition to compel arbitration or to stay proceedings pursuant to Code of Civil Procedure sections 1281. Sup. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023. : 301 time: 9:00 a. ”), the California Rules of Court (“C. 23] at 1 n. Feb 22, 2018 · California Rule of Court 3. Ct. ”), local court rules, or all three. Such a motion must be accompanied by a separate statement. ” CCP §2031. App. Nov 14, 2019 · The purpose of the “meet and confer” requirements set forth in C. CCP § 1281. 16-md-2741-VC Now, mischaracterizing Mr. Dear Mr. Chong 2 3325 Wilshire Boulevard Must Meet and Confer Prior to Filing a Motion To Compel – The moving party must include a declaration stating facts that show a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. 2 and 1281. Mr. Your Opposition to the Motion to Compel is due nine COURT days before the hearing date. , filing a complaint, answering a complaint, filing a motion, opposing a motion, serving discovery, responding to discovery, etc. Timing Deadline for Responding to Motion Deadline Set By Rule 79. 290(c) Delaying the filing of the motion waives a party's right to compel further responses. Hernandez, Bar No. 2. 37, 38,45,46,47,48, 49,50, 51, 65, 66 and 88 are unduly overbroad in violation of Code of Civil Opposition to Motion to Compel Arbitration Superior Court of California Sacramento Timing Serve Motion to Compel Arbitration In Lieu of Answer . These are notes and memoranda written by Federal Trade Commission (“FTC”) lawyers and staff regarding interviews conducted with Defendants’ customers and competitors during the Motion to Compel Discovery Superior Court of California San Diego Timing 45 Days After Insufficient Responses to Written Discovery. This sample opposition to a motion to compel further responses to interrogatories for California can be used to oppose a motion to compel on several grounds including, That the opposing party has already provided adequate responses to the interrogatories, The motion to Compel is essentially arguing about form over substance as the motion to Motion to Compel Arbitration Superior Court of California San Diego Timing Serve Motion to Compel Arbitration In Lieu of Answer . 5678 Elm Street Los Angeles, CA 90012. Calculating the Deadline Opposition to Motion to Compel Arbitration Superior Court of California Orange Timing Serve Motion to Compel Arbitration In Lieu of Answer . Sanctions for failure to provide discovery (a) Sanctions despite no opposition The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party Apr 1, 2022 · OPPOSITION TO MOTION TO COMPEL CASE NO. Motions to compel where there has Md. 310(c) is untimely when the motion is made more than 45 days after service of the response, even when the motion is brought less than 45 days after the date set for production. (collectively, “Verizon”) are attempting to compel arbitration based upon an adhesive Customer Agreement that is so permeated with unconscionability that it is unenforceable under California law. (d) Response. ” Failure to oppose or filing of a supplemental response “shall not be deemed an In Barak v. 11777 San Vicente Blvd. 230, without having served a valid objection under Section 2025. Calculating the Deadline Nov 15, 2023 · An official website of the United States government. date: august 30, 2021 to this court, all parties herein and to their attorneys of record: electronically f i l e d superior court of california Jan 15, 2022 · There’s a rule for everything in California State Court civil litigation. Calculating the Deadline Feb 1, 2014 · Opposition to Motion to Compel Discovery . RUDY, EXELROD, ZIEFF & LOWE, LLP . Jan 1, 2023 · (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories. C34 California Forms of Pleading & Practice (Matthew Bender) KFC 1010 . Jensen and the OIG Rule 30(b)(6) deposition. 1, Defendants’ Jun 16, 2020 · 9. Absent a claim of privilege or attorney work product, the party who seeks to Opposition to Motion to Compel Arbitration Superior Court of California Ventura Timing Serve Motion to Compel Arbitration In Lieu of Answer . (Golf & Tennis Pro Shop, Inc. Rule 8. , Code of Civil Proc edure se ction 2030(k). at 660-661). An answer (or other responsive pleading) must be filed and served within 30 days of service of a complaint. Calculating the Deadline Opposition to noticed motion – must be filed and served 9 court days before hearing. The parties may agree to extend this deadline to give the Dec 6, 2018 · In the PI Court, all motions to compel further responses to discovery require that you first participate in an Informal Discovery Conference (“IDC”) prior to the motion to compel hearing (unless the moving party submits a declaration showing that the opposing party has refused to participate in an IDC). Los Angeles, California 90049 . See CEB California Civil Discovery Practice, §8. Jan 1, 2005 · 2024 California Rules of Court. , Motion to Compel at 1-2 (“[I]t is now necessary to order Interior defendants under Rule 26(c) to produce each named individual for deposition . Rule 3. 54. 30-2018-01012750-CU-MC-CJ C - ROA #235 - DAVID H. Fink, Bar No. 6/ United States' Consolidated Response In Opposition To Plaintiffs' Motion To Compel Production Of Documents Responsive To Plaintiffs' Second, Third, Fourth, And Fifth Formal Requests For Production Of Documents (February 12, 1999). A party may also move to compel a deponent to answer a question posed at a deposition when the deponent appeared but objected or did not properly respond to a question. LOISEL (SBN 291400) mfl@rezlaw. 1 California Street, Suite 900 11 San Francisco, CA 94111 Telephone: (415) 433-3200 CaseNo. A single procedure (e. C. 232728 2 KEITH A. By its terms, the rule only permits the filing of a motion to compel relating to depositions, answers to interrogatories, and responses to requests for production. John Doe, Case # 34-2013-12345678. §§ 2025. v. For example, “HUN? Primecare asserts that requests are vague, ambiguous, overbroad, unduly burdensome, assume facts n… A party may move to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under the Code of Civil Procedure § 2030. 480, 2030. (sbn: 350914) 2 oceanbridge law firm, apc. Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed. Motion concerning arbitration. 3:21-CV-08592-EMC INTRODUCTION Defendants Cellco Partnership and Verizon Communications Inc. County of San Bernardino v. 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. 230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. . M. Rule 2-432 details the types of discovery devices which may properly be the subject of a motion to compel. Aug 3, 2004 · Proceeding on the sanctions portion of a motion to compel after the motion to compel has been rendered moot presents a conundrum under the Code. 310(c) and 2032. (sbn: 296326) adedoyin a. C3 California Civil Procedure Before Trial (CEB) KFC 995 . FINK & ASSOCIATES 1990 Bundy Drive, Suite 620 3 Los Angeles, California 90025 … Opposition to Motion to Compel Discovery Superior Court of California San Diego Timing 9 Court Days Before the Hearing. Hernandez noted that Iskanian held an employer cannot use an arbitration agreement that forced an employee to waive his or her rights to pursue a PAGA action. FRCP 37(a)(2) (amended eff 12/1/15) > > Read More. The court may award sanctions in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed. W4 Although Rule 3. Rule 2-432. Superior Court (2022) 84 Cal. ROWLAND’S OPPOSITION TO MOTION TO COMPEL; Case No. 450(b)(2), 2025. 146841 1 Sarah E. Opposition to Motion for Discovery Sanctions Superior Court of California Orange Timing 9 Court Days Before the Hearing. 1345 states that a "separate statement" is required when filing a motion to compel responses or further responses to a discovery request. 1348. Code of Civ. See, e. ) Opposition to Motion to Compel Arbitration Superior Court of California San Diego Timing Serve Motion to Compel Arbitration In Lieu of Answer . This rule governs the format and contents of motions involving discovery requests and responses, such as motions to compel further responses or to quash production. Blumberg (2018) 25 Cal. ” (Id. Sep 7, 2023 · In opposition to the motion to compel, the plaintiffs argued the motions were untimely under Code of Civil Procedure section 2030. Opposing California Civil Motions: Model Opposition Briefs KFC 1012 . A Court of Appeal recently held that a motion to compel further responses is required whenever timely objections without responses are asserted. Rowland’s testimony, and without meeting and conferring with counsel as required by this Court’s rules, Plaintiffs move to compel further testimony about additional topics. Soto,Deputy Clerk Keith A. Now what do you do? First, take a deep breath. While Defendants claim that Gospel for Asia-International “does not currently exist,” Defendants’ Motion [Doc. Md. Aug 16, 2018 · beach sober living, llc’s separate statement of disputed southern california recovery material facts and additional center, tml holdings, llc, and undisputed material facts in does 1 through 25, inclusive, opposition to defendants’ motion to compel further defendants. HERNANDEZ’S OPPOSITION TO THE MOTION TO COMPEL ARBITRATION Hernandez filed opposition to the Motion. Hernandez argued that Iskanian was dispositive. Aug 3, 2022 · OF MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT PITTSBURG UNIFIED SCHOOL DISTRICT [Notice of Motion and Motion, Memorandum of Points and Authorities, Declaration of Amanda Schwartz, and Declaration of Malhar Shah filed, [Proposed] Order lodged concurrently] Date: Dept: 39 Time: © 2024 Judicial Council of California Deadline to file documents opposing a petition to compel arbitration in California The deadline to file and serve your documents opposing a petition to compel arbitration in California is at least nine (9) court days before the hearing and your opposition should be served by personal delivery or overnight mail pursuant to Code of Civil PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION TO COMPEL DISCOVERY FROM PLAINTIFF TOM RIDER AND FOR SANCTIONS, INCLUDING DISMISSAL INTRODUCTION Continuing their quest to overwhelm the Court with paper, derail the merits of this litigation, harass Mr. 1345. 300(c), 2031. , a cross-complaint or discovery, you must follow several steps, in the proper order. A65 P37. 4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration. [CCP 2016. , Suite 702 Los Angeles, California 900 49 T: 310. Telephone: (415) 434-9800 . A65 C3 California Practice Guide: Civil Procedure Before Trial (Rutter) KFC 995 . San Francisco, CA 94104 . com 6 attorneys for plaintiff: dominique richmond 7 the superior court of the state of california 8 county of kern 9 10 dominique A party filing a motion, except for a motion listed in rule 3. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the Motion to Compel Arbitration Superior Court of California Sacramento Timing Serve Motion to Compel Arbitration In Lieu of Answer . 95 d. If the opposing party is able to demonstrate that it has been substantially prejudiced by any inordinate delay in the making of the motion, it should have the right to urge such prejudice as a basis for a finding by the trial court that the moving party is estopped from making the motion or has waived the right to make the motion to compel Request sanctions as reimbursement for the motion. 206305 Imbar Sagi-Lebowitz, Bar No. The proposed order attached to their Motion to Compel would only order the latter, but the rhetoric of their Motion to Compel is broader. This is the time you decide when to "hold them and when to fold them" because how you respond may end up setting the tone between you and opposing counsel for the entire case. ” See, e. All electronic transmissions of documents (including, but not limited to, motions, briefs, appendices and discovery responses) in non-expedited cases must be filed and/or served by 5:00 p. qg xa vd jv hl tc ap kb yd ja