Good evening. Thank you for requesting me.
With regards XXXXX XXXXX 1 (attaching the documents as Ex. 2), it may not be a bad idea, it is only 70 pages, and you are trying to show volume. You would be required to go through this process in discovery to show abuse, but you are not required to do it here.
With regards XXXXX XXXXX 2 ("meet and confer") there is no way to get around this. You must try to at least call them (and then include a declaration regarding the outcome) prior to submitting the motion. California Courts are getting tough on enforcing these meet and confer rules (all local rules).
What if they do not call me back? I would just state that in the declaration?
With regards XXXXX XXXXX 3 (trial brief) it is usually a good idea to file your own. If they have already filed one of their own, you can copy their format (if it makes it easier for the court to read), or you can draft your own. Usually there are specific things a judge will look for if a trial brief is required in the pre-trial order, otherwise they are looking for the agreed facts, disputed facts, and what issues of law are to be argued. (you can put a small amount of argument in on your side, but it is mostly informative).
That basically ruins the element of surprise.......
If they do not call back, just include that in your declaration.
You are 3 days out from a court trial, if you want to have the best shot at getting the motion regarding your discovery abuse even though you were not able to get it in during discovery, you will probably want to go through this process. If you believe you can knock them out through trial itself, then surprise might work, but very few civil matters go forward based purely on surprise.
I basically have a rough draft for a brief with excellent points of law that I sheppardized today.
Well, I meant element of surprise with regard to the MIL.
Understood. (I don't think they have enough time to change horses now, if they try to amend their disclosure after you file an MIL, it looks pretty damning).
In my experience most special appearance lawyers are not prepared, they are handling multiple cases.
That is pretty common. Some appearance lawyers do take on very limited cases for a select set of parties, but other than that, most do appear unprepared, particularly for anything of substance.
What upsets me is that I stumbled on some excellent information as to how to disassemble their case, but its too late.
The economy is starting to pick up in my industry & I just could not devote the time I need to in this matter & run my business. I have new found respect for you attorneys.
Thanks' Bill, if you are available I may be bothering you tomorrow.
Thank you. I do look forward to helping you if possible, and I continue to wish you the best with this matter.
As always"..... "Great job".... Thanks'.
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