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In a civil court case that has been referred to private

mediation by judge and where...
In a civil court case that has been referred to private mediation by judge and where Case Management Order requires that "before a discovery motion is filed a conference with the judge is required in addition to parties meeting and conferring" but: 1. new counsel has been retained since CMO & no meet and confer has happened, 2. no conference with the judge has been requested and, 3. no motion for discovery has been filed, BUT defendant has served discovery on plaintiff........does plaintiff have to respond to discovery?
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Answered in 5 minutes by:
11/16/2017
legalgems
legalgems, attorney
Category: CA Real Estate
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Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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Customer reply replied 8 months ago
Okay

The order would be controlling so if a judge states that no discovery is to take place until a CMC that would be applicable; but it is always a good idea to address any discovery by filing a protective motion (citing the order) in order to avoid possible sanctions for not responding to discovery. CCP 2023.010 allows for sanctions for failing to respond; they would not likely be issued if the discovery is against a court order but since judges may make mistakes seeking a protective order is the most prudent.

CCP 2023.030 allows for sanctions for the misuse of discovery - please see:

http://cclawyer.cccba.org/2016/03/how-to-avoid-discovery-sanctions/

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Customer reply replied 8 months ago
Does a "motion for discovery" have to be filed with the court or only served on plaintiff before time to respond begins being calculated?

A motion needs to be filed; but a party can engage in discovery without filing a motion; for example, the party wishing to send discovery requests would simply serve it on the person they wish to get the information from;

please see:

http://www.courts.ca.gov/1093.htm

http://www.courts.ca.gov/11162.htm

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Customer reply replied 8 months ago
a motion needs to be filed (not just discovery served on party) before the time to respond begins being calculated (& sanctions imposed after)?

A discovery motion is when a party objects to discovery, or the requesting party is filing a motion to compel discovery.

If the judge issues an order that such a motion cannot be filed unless there is a meet and confer meeting between the parties, and a conference with the judge, that would be the required step.

If a party files a motion, then the other party can seek sanctions for violation of a court order.

If the order states no discovery is to take place until a CMC then there would first need to be a CMC, then discovery could be served.

Time to respond begins when the party is served.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

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Thank you and take care.

legalgems
legalgems, attorney
Category: CA Real Estate
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