• Archives

  • Blog Stats

    • 666,312 hits
  • Categories

Motion for protective order regarding interrogatories in California

A motion for a protective order regarding special interrogatories in California is the topic of this blog post. A protective order regarding interrogatories in California is filed pursuant to Code of Civil Procedure section 2030.090 and is used in various situations including situations where the propounding party has propounded more than 35 special interrogatories without attaching the declaration for additional discovery required, or has propounded an excessive number of interrogatories, or the interrogatories are clearly not relevant to any claim or defense involved in the action and are unduly burdensome and oppressive.

Code of Civil Procedure section 2030.090 states in pertinent part that, “When interrogatories have been propounded, the responding party, and any other party or affected natural person or organization may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions:

(1) That the set of interrogatories, or particular interrogatories in the set, need not be answered.

(2) That, contrary to the representations made in a declaration submitted under Section 2030.050, the number of specially prepared interrogatories is unwarranted.

(3) That the time specified in Section 2030.260 to respond to the set of interrogatories, or to particular interrogatories in the set, be extended.

(4) That the response be made only on specified terms and conditions.

(5) That the method of discovery be an oral deposition instead of interrogatories to a party.

(6) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a certain way.

(7) That some or all of the answers to interrogatories be sealed and thereafter opened only on order of the court.

(c) If the motion for a protective order is denied in whole or in part, the court may order that the party provide or permit the discovery against which protection was sought on terms and conditions that are just.”

Sanctions may be imposed against the losing party on any motion for a protective order.

Code of Civil Procedure section 2030.090(d) states that, “The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”

The burden is on the party seeking a protective order to show good cause for the protective order.

The party seeking a protective order bears the burden to show good cause for the requested order. Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.

The moving party must do the following to be entitled to a protective order.

They must promptly move for a protective order.

They must comply with the meet and confer requirement.

They must also meet their burden that the special interrogatories propounded are excessive, or clearly do not relate to any claim or defense that is at issue in the case and are unduly burdensome and oppressive.

Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. See Code of Civil Procedure section 2017.010. Thus the law in California has established a relevancy standard.

A California Court of Appeal has stated that any party served with discovery requests that fail to meet the relevancy standard may move for a protective order on the grounds that the discovery requests are unduly burdensome and oppressive.

Attorneys or parties in California who would like to view a portion of a sample 15 page motion for protective order regarding interrogatories sold by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

To view over 300 sample legal documents for sale by the author of this blog post visit the following link: http://www.scribd.com/LegalDocsPro

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

 

 

Advertisements

What is your opinion?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: