This is actually fairly typical. There is no limit to the number of meet and confer sessions. If the defendants appear to be stalling and/or stone-walling you, you can go ahead and file your motion to compel further responses. However, if the defendants appear they are willing to provide further responses to some but maybe not all of the discovery requests in question, then you are better off not filing a motion to compel further responses so quickly.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Remember, you are the Plaintiff; you have the burden of proving your case. Push and push until you get what you need to prove your case at trial. The defense will do whatever they can sometimes to hide the important information/evidence. Don't let them play games with you. You only need to give one good faith effort to meet and confer to resolve the issues. If they are acting in bad faith, be sure to document it in a letter and attach that letter to your motion to compel responses or further responses. Be sure to seek sanctions if you feel they are not acting with substantial justification. While judges tend to hate discovery wars, I feel you show the court and the other side you are serious and will not be bullied by taking a stand to bad faith discovery tactics. Likewise, if you don't, then when you get to trial and don't have what you need because you did not TIMELY bring your motion to compel further responses, the court and other side will say "Well if you wanted the stuff that bad you could have brought a motion to compel". Try to get what you need by meeting and conferring. It might be reasonable to have to make more than one effort, but the moment you feel they are acting in bad faith, warn them about your intent to move to compel and seek sanctions, and then DO IT. And don't take your motions off until the court has ruled on the motions even if they provide the proper VERIFIED responses prior to the motion hearing date. You still have a right to have your argument for sanctions heard and you should. Again, send the message right away that you will not be taken advantage of. It will pay off in the long run.
Best of luck!
Nothing stated throughout any post, blog (or related comments of any type) made by Mattthew Krupnick or his firm, KRUPNICK & KRUPNICK, APLC, or new firm, KRUPNICK & FIGARI, TRIAL ATTORNEYS, APLC, is meant to be in any way construed or to be deemed to be legal advice for any person or any purpose. Also, NO attorney-client relationship or communications use made through this site, unless made in private with the understanding that the attorney-client privilege would apply. The responses, comments, questions raised, or issues addressed herein are all being provided SOLELY for informational purposes and should under no circumstance be relied upon as or viewed as giving legal advice or counseling of any sort Should such a relationship be desired, client would have to contact attorney to discuss that and other issues in person, by phone, or at least in private. This cannot be relied upon without consulting with a knowledgeable attorney in your area and/or practicing in the field for which your question relates. We hope the information is helpful, but no attorney-client or other relationship is formed by the providing or reading of this information. Should there be ANY confusion about this important disclaimer, please addresss it BEFORE allowing attorney to respond to your question and before any follow-up questions, calls, or emails to said attorney.. Otherwise, it will be deemed to have been understood by all parties participating on this site.
Yes, you can file the motion to compel further responses as to unresolved discovery items if further meet and confer efforts are not looking productive. Be sure to point out in your moving papers , separate statement, and declaration all the efforts made on your part to limit the scope of some of this discovery or resolve issues prior to filing the motion, and the refusal of your opponent to cooperate, leaving you no choice but to file the motion. With the budget crisis and cutbacks facing the courts these days, judges do not want to see bickering over minutia - so focus on the most relevant information or documents, although without attorney representation, this may be a difficult task for you to sort out. Good luck!
Nothing in this response is intended as a legal consultation or advice on your particular case, and is provided only as a general statement of information, and only with respect to California law. No attorney-client relationship is created and no contract for legal services is formed as a result of this posting or other postings before or after this posting. Various limitation periods, deadlines and cut-offs also may apply. You should therefore seek private consultation from an attorney regarding the merits of your case and the deadlines involved in your matter. Since this is a public forum, this posting is not confidential.