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William Donald Chapman

William Chapman’s Answers

3 total

  • Do Plaintiff's discovery responses have to be sent to defendants other than the propounding defendant?

    There are several defendants in this action. One of the defendants has propounded written discovery. Does the plaintiff have to submit the responses to all the defendants or only the propounding defendant? This is a unlimited action.

    William’s Answer

    Although the general rule is correctly stated in the prior answers, there is an exception, as follows:

    On motion, with or without notice, the court may relieve the party from this requirement on its determination that service on all other parties would be unduly expensive or burdensome.
    Cal. Civ. Proc. Code § 2030.080(b).

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  • What can I do to fight off vacating a default judgment that the court awarded

    filed a civil personal injury suit. The party never responded. Served statement of damages, etc. awarded default judgment. Now there are trying to get " set aside" or to vacate. They were served and now denied even though it was through a pro...

    William’s Answer

    As stated by the other author, motions to set aside defaults are routinely granted. However, there are deadlines within which to file such motions. For example, "Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. Cal. Civ. Proc. Code § 473(2) (b).
    (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. Cal. Civ. Proc. Code § 473.5
    ‘It was a settled doctrine of the equitable jurisdiction–and is still the subsisting doctrine except where it has been modified or abrogated by statute * * * that where the legal judgment was obtained or entered through fraud, mistake, or accident, or where the defendant in the action, having a valid legal defense on the merits, was prevented in any manner from maintaining it by fraud, mistake, or accident, and there had been no negligence, laches, or other fault on his part, or on the part of his agents, then a court of equity will interfere at his suit, and restrain proceedings on the judgment which cannot be conscientiously enforced.
    Olivera v. Grace, 19 Cal. 2d 570, 575, 122 P.2d 564, 567 (1942)

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  • Do 3rd party subpoenas duces tecum, not for personal/consumer records, have to be served on opposing counsel?

    If so, that's the rule that says so? Do the SDTs have to be personally served on the witnesses? If so what's the rule that says so? How long does the opposing counsel have to object to the 3P's production & what's the process?

    William’s Answer

    As to service on opposing counsel:
    CCP§ 2025.220.
    (a) A party desiring to take the oral deposition of any person shall give notice in writing.

    As to personal service:
    § 2020.220. Service of documents; timing; persons authorized to serve; scope of subpoena authority
    (b) Any person may serve the subpoena by personal delivery of a copy of it as follows:
    (c) Personal service of any deposition subpoena is effective to require all of the following of any deponent who is a resident of California at the time of service:

    As to time for objections:
    [“... a party or witness may wait until the deposition and raise objections at that time to the form or content of the subpoena, or to demands for production of privileged documents, etc.”

    Monarch Healthcare v. Superior Court, 78 Cal. App. 4th 1282, 1290, 93 Cal. Rptr. 2d 619, 625 (2000)

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