Insurance Company Denies Coverage To Sacramento Family After House Fire, Part 1 of 6

The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this insurance bad faith lawsuit and its proceedings.)

Plaintiffs William and Susan Hall’s Memorandum of Points in Authority in Opposition to XYZ’s Motion to Compel Discovery and Sanctions

XYZ brings a motion to compel further responses and production of documents, and a statement of damages. Plaintiffs have tried diligently to respond to all of XYZ’s demands but they are insistent that plaintiffs responses are incomplete. Plaintiffs have responded to the best of their knowledge, yet XYZ refuses to accept the responses. They seem to believe that plaintiffs should respond according to their frame of thoughts or better put, in the way they believe will best serve their interest.

Plaintiffs believe this motion to compel was brought to harass, annoy, and burden plaintiffs and their counsel. As plaintiffs worked steadily to provide the information to XYZ, it appears XYZ was not willing to work toward a resolution, but rather bring the matter before the court for sanction purposes.


On November 3, 2008, the Halls received discovery from XYZ consisting of two sets of Form Interrogatories to Plaintiffs William Hall and Susan Hall respectively; Request for Production of Documents, and Special Interrogatories exceeding 35 in number. William Hall’s responses to the form and special interrogatories, and responses to the production of documents were faxed to defendants on December 8, 2008.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

The verifications for William Hall were mailed on December 24, 2008, and the all the documents that the Halls had in their custody and control were mailed on December 30, 2008 to defendants. Also mailed was a C.C.P. 998 Offer.

Susan Hall was not able to complete her responses in a timely manner because she suffers from a series of ailments and was not feeling well. She was subsequently hospitalized shortly before the holidays in December 2008. XYZ was informed that the responses would be delayed in a meet and confer telephone call to Ms. Lee in December 2008. XYZ expressed no opposition to the delay. On January 9, 2009, Mrs. Halls’ responses were hand delivered as was Paul Smith’s dismissal. (See Part 2 of 6.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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