How to Prepare Separate Statement – Discovery Motions

Useful Rulings on Separate Statement – Discovery Motions

Rulings on Separate Statement – Discovery Motions

1-25 of 10000 results

PEREZ VS. PRIORITY METALS

As Defendant served discovery responses, albeit late, the Motion should be a motion to compel further responses under Code of Civil Procedure section 2030.300 rather than a motion under section 2030.090. Accordingly, the Motion should have been accompanied by a separate statement. (See Cal. Rules Ct., Rule 3.1345(a) [“Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement”].) No separate statement was filed.

  • Hearing

    May 21, 2019

KARL D POPE VS. PETER HAUBER

Any motion, including one to compel further responses to a demand for inspection of documents or tangible things, involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. (CRC, Rule 3.1345(a).) A separate statement must contain certain information. (CRC, Rule 3.1345(c).) A separate statement must provide "all the information necessary to understand each discovery request and all the responses to it that are at issue." (Ibid.)

  • Hearing

    Jan 07, 2011

PEREZ VS. PRIORITY METALS, INC

As Defendant served discovery responses, albeit late, the Motion should be a motion to compel further responses under Code of Civil Procedure section 2030.300 rather than a motion under section 2030.090. Accordingly, the Motion should have been accompanied by a separate statement. (See Cal. Rules Ct., Rule 3.1345(a) [“Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement”].) No separate statement was filed.

  • Hearing

    Jul 02, 2019

GUERRERO V. COUNTY OF FRESNO ET AL.

A motion to compel further response to, or compliance with, a document production demand must be accompanied by a separate statement of items in dispute. (Cal. Rules of Court, Rule 3.1345(a).) A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue.

  • Hearing

    Sep 10, 2018

TARYN INTRAVARTOLO VS JOHN W SEEDORF ET AL

Plaintiff responded that she cannot admit or deny the request without conducting further discovery. (Separate Statement, p. 11:21-22.) No further response is required. E. Monetary Sanctions The court may impose sanctions against any party “engaging in conduct that is a misuse of the discovery process.” Code Civ. Proc. §2023.030. “Misuses” of the discovery process include “[f]ailing to respond or to submit to an authorized method of discovery.” Code Civ. Proc. §2023.010, subd. (d).

  • Hearing

    Aug 09, 2019

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

ALLADAWI VS. PLAZA-IRVINE OWNERS ASSOCIATION

Rules of Ct., Rule 3.1345 states as follows: “A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference.

  • Hearing

    Dec 12, 2019

JOYTEX INTERNATIONAL TRADE LIMITED VS KL GLOBAL INTERNATONAL

Thus, a separate statement is required. Plaintiff and its counsel failed to attach a separate statement. Without a proper separate statement, this Court cannot decide this motion. Consequently, the motion will be taken off calendar and Defendant is to reset a hearing if the parties are still unable to resolve the issues informally.

  • Hearing

    Jul 09, 2019

  • Type

    Collections

  • Sub Type

    Collections

MARY LOU MANKOWSKI VS LA CUMBRE OWNERS ASSOCIATION INC

Motion to Compel Further Responses to Document Production Request: No separate statement was filed with this motion: plaintiff asserts none is needed; defendant asserts a separate statement is mandatory. “Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: … (3) To compel further responses to a demand for inspection of documents or tangible things ….”

  • Hearing

    Aug 30, 2010

LA PALOMA RANCH LLC, ET AL. V. PRESBYTERIAN CAMP AND CONFERENCE CENTERS, INC.

“(c) Contents of separate statement “A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference.

  • Hearing

    Jun 15, 2018

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

CLEAN EARTH CARPET INC VS PATRICK O'CONNOR

Furthermore, the discovery identified in the notice of motion for which further responses should be compelled does not correlate with the discovery requests set forth in the separate statement. The Notice of motion seeks further responses to Clean Earth's form/special interrogatories but the separate statement sets forth requests for admissions. Finally, the separate statement does not include any requests for production of documents. Plaintiff Clean Earth Carpet, Inc.'

  • Hearing

    Dec 08, 2016

  • Type

    Contract

  • Sub Type

    Breach

HELLINGER TRADING COMPANY VS REGENTS OF THE UNIVERSITY OF CALIFORNIA

Separate Statement “Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion . . . [t]o compel further responses to a demand for inspection of documents or tangible things.” (CRC 3.1345(a)(3), emphasis added.) In opposition, Defendant contends that Plaintiff fails to file a separate statement as required by CRC 3.1345. (Oppo. p. 6.)

  • Hearing

    Jul 25, 2018

  • Judge

    Wendy Chang or Jon R. Takasugi

  • County

    Los Angeles County, CA

CLEAN EARTH CARPET INC VS PATRICK O'CONNOR

Furthermore, the discovery identified in the notice of motion for which further responses should be compelled does not correlate with the discovery requests set forth in the separate statement. The Notice of motion seeks further responses to Clean Earth's form/special interrogatories but the separate statement sets forth requests for admissions. Finally, the separate statement does not include any requests for production of documents. Plaintiff Clean Earth Carpet, Inc.'

  • Hearing

    Dec 08, 2016

  • Type

    Contract

  • Sub Type

    Breach

BARRY PICKELL ET AL. V. COUNTY OF SAN LUIS OBISPO ET AL.

A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference.

  • Hearing

    Oct 27, 2020

ADAM DEVONE, ET AL. VS JOHN R PRIVITELLI, ET AL.

Plaintiffs’ separate statement does not comply with these requirements. Plaintiffs purport to list six “discovery devices in dispute herein” in their separate statement. (Separate Statement, at pp. 2-3.) In fact, however, these six items do not correspond to each “text of the request.” These six listed “devices” each relate to multiple requests.

  • Hearing

    Jan 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

TODD MCNAIR VS THE NATIONAL COLLEGIATE ATHLETIC ASSOC ET AL

Rule 3.1345 states in relevant part as follows: “A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference.

  • Hearing

    Nov 01, 2017

HSBC BANK USA NATIONAL ASSOCIATION VS. TRUHETT, DOMINIC

., rule 3.1345(c) requires that a moving separate statement shall contain not only verbatim recitations of the discovery at issue, but where the response to a particular discovery request is “dependent on the response given to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary are based on the response to some other discovery request, the other request and the response to it must be set forth.”

  • Hearing

    Jul 20, 2018

TONY KIM, ET AL. VS COLORISH, LLC, ET AL.

(Kim SROG Separate Statement, p. 3:18-19; Kim RFPD Separate Statement, p. 3:16-17.) Tony Kim asserts that “Defendant cannot meet the burden of showing a particularized need for all of Plaintiff’s financial information.” (Kim SROG Separate Statement, p. 3:19-20; Kim RFPD Separate Statement, p. 3:17-18.)

  • Hearing

    Oct 01, 2019

AFS SPRINKLER, INC. V. GREEN VALLEY MORTUARY, LTD.

The separate statement must be filed and served at the same time as the moving papers are filed and served and not with the reply filed a few days before the hearing of the motion. “Any motion involving the content of a discovery request or the responses to such a request shall be accompanied by a separate statement…” (California Rules of Court, Rule 3.1345(a).)

  • Hearing

    May 04, 2017

WOODWARD V. WILLIAMS

(Moving Party Separate Statement, Fact No. 157; Responding Party Separate Statement, Fact No. 157); and (3) as to alleged breach of the written agreement for the 2016 Boat (Moving Party Separate Statement, Fact Nos. 158-160; Responding Separate Statement, Fact Nos. 158-160).

  • Hearing

    Apr 12, 2018

CENTAUR HOLDINGS II UNITED STATES INC. VS XL INSURANCE AMERICA INC.

Plaintiff may have done so when propounding the interrogatories, but the definition is not included in the separate statement in violation of Rule 31.345(c)(5) (the separate statement must include, “[i]f necessary, the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it”).

  • Hearing

    Dec 20, 2019

DARAKJIAN VS SELF-SEARS RE: MOTION TO/FOR QUASH DEPOSITION BY JERRY DARAKJIAN

“A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference.

  • Hearing

    Sep 27, 2019

POOPAK KHOSROWSHAHI VS SHAHIDEH KHODADADI, ET AL.

Khodadadi (not Asadi) attempted to submit a concise outline instead of a separate statement. The concise outline did not feature the text of the discovery requests or responses. The Court rejected this purported concise outline because Khodadadi did not ask for, and the Court did not grant him, permission to submit this concise statement in lieu of a separate statement.

  • Hearing

    Oct 28, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

INFUSIO LIFE LLC VS TARA HAVEN

See CRC 3.1345 (“Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement.”). Plaintiff has not included a separate statement. Second, Plaintiff has not shown that Defendant’s responses are deficient. Defendant provided substantive responses that are reasonably complete as to all of the discovery requests. Plaintiff has not shown entitlement to any relief.

  • Hearing

    Aug 25, 2017

OH VS. LIEBERMAN

Therefore, a separate statement is required. CRC 3.1345(a)(5). (See also, Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2016), Chapter 8E-6, Subpoena to Nonparty Deponent or Business Records Custodian, § 8:602.5, indicating a separate statement is required.) Since plaintiff has not provided a separate statement, the motion is denied. Future Hearings: Trial: 5/1/17 8:30 am

  • Hearing

    Apr 01, 2017

ANDERSON V. BERTELSMAN LIVING TRUST

The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference.

  • Hearing

    Feb 27, 2017

  • Type

    Real Property

  • Sub Type

    other

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