Personal Injury Lawyer Blog
The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death case and its proceedings.)
Interrogatories
Code of Civil Procedure §2030.290 provides in relevant part as follows:
If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply:
(b) The party propounding the interrogatories may move for an order compelling response to the interrogatories. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
In this case, defendant LMN Hospital propounded Form and Special Interrogatories on plaintiff on October 23, 2007. Plaintiff’s responses were due on November 30, 2007. Responses have not been served and all objections have been waived. (C.C.P. §2030.290.) Despite an attempt to meet and confer with plaintiff regarding these delinquent discovery responses, moving defendant has never received any responses from plaintiff. Therefore, defendant requests this Court to order that all objections to the Form and Special Interrogatories are waived, and issue an order compelling plaintiff to provide responses to the Form and Special Interrogatories.
Request for Production of Documents
Code of Civil Procedure §2031.300 provides in relevant part as follows:
If a party to whom an inspection demand is directed fails to serve a timely response to it, the following rules apply:
(b) The party making the demand may move for an order compelling response to the inspection demand
Defendant LMN Hospital propounded Requests for Production of Documents to plaintiff on October 23, 2007. Plaintiff’s responses were due on November 30, 2007. Responses have not been served and all objections have been waived. (C.C.P. §2031.300). Therefore, defendant requests this Court to order that all objections to the Request for Production of Documents are waived, and issue an order compelling plaintiff to provide responses to the Request for Production of Documents.
CONCLUSION
Based upon the foregoing, moving defendant respectfully requests this Court to issue an Order compelling plaintiff William Brown to serve verified responses to moving defendant’s Request for Statement of Damages, Form Interrogatories, Special Interrogatories and Request for Production of Documents within ten (10) days of notice of this Order and deeming all objections waived.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.