Opposing a protective order for requests for admission in California is the topic of this blog post.
All paperwork opposing a protective order for requests for admission in California must be filed and served least nine (9) Court days before the hearing and the opposition should be served by personal service, overnight mail or a courier service that provides overnight delivery pursuant to Code of Civil Procedure section 1005.
If you have been served with a protective order request for requests for admission in California you should carefully review the motion and supporting documents to determine if the moving party has met their burden of showing good cause for the protective order.
Grounds for opposing a protective order for requests for admission in California.
Common grounds for opposing a protective order for requests for admission in California are:
(1) the moving party has failed to meet their burden of showing good cause for the protective order,
(2) the requests for admission are clearly relevant to triable issues of material fact involved in this case they relate to the claim or defense of the moving party and therefore meets the relevancy standard imposed by Code of Civil Procedure § 2017.010,
(3) the requests for admission are not overbroad and oppressive or vague and ambiguous, and
(4) the requests for admission are not excessive.
California law is well settled that the moving party has the burden of showing good cause for the issuance of a protective order.
California law is also well settled that the scope of discovery is very broad and allows for discovery of all relevant material.
For the purposes of discovery information is considered relevant if it might reasonably assist a party in evaluating the case or preparing for trial or any possible settlement.
A California Court of Appeal stated in a recently published decision that requests for admissions are primarily aimed at setting at rest a triable issue so that it will not have to be tried and that requests for admission may ask a party for a legal conclusion.
Sample opposition to a protective order for requests for admission in California for sale.
Attorneys or parties in California that would like to view a portion of a sample 15 page opposition to a protective order for requests for admission in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.
Attorneys or parties in California that would like more information on a California discovery document collection containing over 40 sample documents including a sample opposition to a protective order for requests for admission in California sold by the author can use the link below.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.
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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.