In the case of City of L.A. v. PricewaterhouseCoopers, LLC (2024) 17 C5th 46 the California Supreme Court unanimously held that the Discovery Act gives courts independent authority to impose sanctions for discovery abuses and patterns of discovery abuse provisions.
Katherine Gallo, Esq.
Katherine Gallo, Esq. Blogs
Blog Authors
Latest from Katherine Gallo, Esq.
ZOOM DEPOSITIONS—What is the Protocol
We all have been doing Zoom depositions for the last four years. As we have limped along, we have developed implied rules and protocols for having these depositions, but there are no written rules or guidance on how these depositions should…
Should I have been Sanctioned?
I recently received an inquiry regarding Code of Civil Procedure section 2023.050, which now states that the court SHALL impose sanctions of $1000 payable to the requesting party regarding requests for production of documents in deposition notices or document demands. These were…
Can I Reference Documents When Answering Interrogatories?
Consider the following question I received from a defense attorney.
“Plaintiff timely served updated verified responses to Form Interrogatories, Set #1, #6.4, 8.4, 8.6, 16.1- 16.8 and 17.1 (RFA #5) pursuant to a Supplemental Interrogatory request. Instead of providing the information…
Changes in Attitude—Nothing Remains Quite the Same
There are two significant changes to the Discovery Act this year: C.C.P. §2016.090 and C.C.P. §2023.050. My California Civil Discovery: Chart for the Everyday Litigator has been updated to reflect these changes. …
Can a Court Sanction a Party $1000 Per Day Until They Comply with Court Orders?
According to the Second District Court of Appeal in the family law case of In re Marriage of Rangell decided on September 28, 2023 the answer is YES! The Court of Appeal found that the husband had violated numerous family court…
Proving That the Opposing Party’s Accusations are False–Like Peeling an Onion
Proving allegations are false is like peeling an onion. You need to have a specific discovery plan to attack the falsity of the claims.…
When Money is Not Enough–The Request for “Drastic Sanctions”
Many motions for terminating sanctions are denied due to the papers being deficient due to a lack of a showing of abuse and prejudice.…
Beware if Your Expert is Disqualified!!
The Onglyza Product Cases, A165387 decided on April 19, 2023 by the First District Court of Appeal is a case to be aware of.
The case involved 13 California state cases coordinated under a Judicial Council Coordination proceeding (JCCP) regarding…
It’s a New Year and there are New Discovery Laws
After reviewing the 2023 discovery statutes, there have been changes to the following statutes:
The most significant change in the 2023 discovery statutes is the repealing of C.C.P. 2016.080 Informal Discovery Conference. See discovery blog titled “If Meet…