1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) OPPOSITION TO MOTION FOR PROTECTIVE
vs. ) ORDER FOR REQUESTS FOR PRODUCTION
13 ) OF DOCUMENTS AND FOR SANCTIONS;
) MEMORANDUM OF POINTS AND
14 Any Defendants, and DOES 1-5, inclusive, ) AUTHORITIES; DECLARATION OF _________;
) EXHIBITS
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
17 )
)
18 )
)
19

20

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OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1 Be sure to remove this notice and all other notices before using
2

3
this document.
4 NAME AND PARTY CAPACITY herein submits its Opposition to the motion for a
5
protective order and for sanctions filed by NAME AND PARTY CAPACITY on the grounds that (1)
6
the moving party has failed to meet their burden of showing good cause for the protective order, (2)
7

8
the documents requested are clearly relevant to the issues involved in this case they relate to the claim

9 or defense of the moving party and therefore meets the relevancy standard imposed by Code of Civil

10 Procedure 2017.010, (3) that the requests for production of documents are not overbroad and
11
oppressive or vague and ambiguous, and (4) that the requests for production of documents are not
12
excessive.
13
NAME AND PARTY CAPACITY further requests the sum of $____ in sanctions against the
14

15 moving party pursuant to Code of Civil Procedure 2031.060 on the grounds that the moving party

16 filed their motion for a protective order without a showing of good cause or making a reasonable
17
good faith effort to meet and confer.
18
The Opposition shall be based on this Opposition, the attached memorandum of points and
19
authorities, the declaration of ___________and exhibits attached thereto, on the complete files and
20

21 records of this action, and on such other oral and/or documentary evidence as may be presented at the

22 hearing on the Motion.

23
Dated________________ _______________________________________________
24 ANY ATTORNEY OR PARTY

25

26 Be sure to modify these paragraphs to suit your individual

27
situation. Do NOT just use the wording here unless it definitely applies
28

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OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1 to your particular situation. Remember that YOUR OPPOSITION
2

3
MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS
4
BEFORE THE HEARING. Court days means Monday through
5

6 Friday, except for Court holidays. You should serve your opposition by
7
personal delivery or overnight mail. See Code of Civil Procedure
8

9 section 1005 for more details.

10

11 To purchase the entire 14 page document visit:

12
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13

14
opposition-to-motion-for-protective-order-for-documents-in-
15

16 california
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OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1

7
MEMORANDUM OF POINTS AND AUTHORITIES
8
I.
9

10
STATEMENT OF FACTS

11 This case arises from LIST CAUSES OFACTION OF COMPLAINT. Plaintiff filed suit

12 against Defendant____________ on or about __________. See Plaintiffs Complaint on file with the
13
Court.
14
NAME AND PARTY CAPACITY filed their motion for a protective order contending that
15
the requests for production of documents are excessive, overbroad and oppressive, vague and
16

17 ambiguous and do not seek information calculated to lead to the discovery of admissible evidence.

18 NAME AND PARTY CAPACITY opposes the motion for a protective order and for
19
sanctions on the grounds that:
20
the moving party has failed to meet their burden of showing good cause for the
21

22
protective order,

23 the documents requested are clearly relevant to the issues involved in this case as they
24
relate to the claims or defenses of the moving party and therefore meet the relevancy
25
standard imposed by Code of Civil Procedure 2017.010,
26
the requests for production of documents are not overbroad and oppressive or vague
27

28 and ambiguous,

- 4 -

OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1 the requests for production of documents are not excessive.
2
NAME AND PARTY CAPACITY further requests the sum of $____ in sanctions against the
3
moving party pursuant to Code of Civil Procedure 2031.060 on the grounds that the moving party
4
filed their motion for a protective order without a showing of good cause and without making a
5

6 reasonable good faith effort to meet and confer as required by California law.

7
Be sure to modify these paragraphs to suit your individual
8

9 situation. Do NOT just use the wording here unless it definitely applies
10
to your particular situation. Do NOT ask for attorneys fees if you are
11

12 not represented by an attorney.

13
II.
14
ARGUMENT
15

16 A. THIS COURT SHOULD DENY THE MOTION FOR A PROTECTIVE ORDER

17 AS THE MOVING PARTY HAS FAILED TO MEET THEIR BURDEN AND THE
18
REQUESTS FOR PRODUCTION OF DOCUMENTS SEEK ONLY RELEVANT
19
DOCUMENTS AND ARE CODE COMPLIANT
20
NAME AND PARTY CAPACITY contends that the court should deny the motion for a
21

22 protective order on the grounds that the moving party has failed to meet their burden of showing good

23 cause for the protective order in that LIST HERE THE SPECIFIC FACTS THAT SUPPORT
24
YOUR CONTENTION AND BE SURE TO CITE TO ANY ATTACHED EXHIBITS.
25
The party seeking a protective order bears the burden to show good cause for the requested
26
order. Nativi v. Deutsche Bank National Trust Co., (2014) 223 Cal. App. 4th 261,318 (citing
27

28 Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.

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OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1 California's discovery process allows for discovery of all relevant material and is designed to
2 eliminate the element of surprise. Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 253, fn.
3
2.)
4
"For discovery purposes, information is relevant if it `might reasonably assist a party in
5

6
evaluating the case, preparing for trial, or facilitating settlement . . . .' [Citation.] Admissibility is not

7 the test and information unless privileged, is discoverable if it might reasonably lead to admissible

8 evidence. [Citation.] These rules are applied liberally in favor of discovery [citation], and (contrary to
9
popular belief), fishing expeditions are permissible in some cases." Gonzalez v. Superior Court
10
(1995) 33 Cal.App.4th 1539, 1546, (italics omitted.)
11
Moreover, one of the principal purposes of civil discovery is to do away with the sporting
12

13 theory of litigation, namely, surprise at trial and such purpose is accomplished by giving greater

14 assistance to parties in ascertaining the truth. See Thoren v. Johnston and Washer, (1972) 29
15
Cal.App.3d 270, 274.
16
The requests for production of documents seek information that is clearly related to the
17
subject matter of this action. In fact most of the requested documents relate to allegations in the
18

19 complaint filed by plaintiff or the affirmative defenses asserted by defendant in their answer.

20 The requests for production of documents seek documents that are clearly related to the
21
subject matter of this action in that most of them seek information related to the allegations made by
22
the plaintiff in their complaint or the affirmative defenses asserted in the answer filed by defendant in
23
that LIST HERE THE SPECIFIC FACTS THAT SUPPORT YOUR CONTENTION AND BE
24

25 SURE TO CITE TO ANY ATTACHED EXHIBITS.

26

27

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OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1 Thus the requests for production of documents clearly meet the relevancy standard imposed
2 by Code of Civil Procedure 2017.010 which states in pertinent part that, Discovery may relate to
3
the claim or defense of the party seeking discovery or of any other party to the action.
4
Objection Based On Overbroad and oppressive
5

6
One of the moving partys objections is to state that the discovery requested is overbroad and

7 oppressive.

8 Courts are loathe to sustain an objection on the ground that the discovery is burdensome and
9
harassing because it is considered a weak objection. It is not enough that the question or questions
10
are burdensome; the objecting party must also demonstrate that the questions are so unjust that they
11
amount to oppression. West Pico Furniture Co. v. Superior Court, (1961) 56 Cal.2d 407, 419. It
12

13 must appear that the amount of work required to answer the questions is so great, and the utility of

14 the information sought so minimal, that it would defeat the ends of justice to require answers.
15
Columbia Broadcasting System, Inc. v. Superior Court, (1968) 263 CalApp.2d 12, 19.
16
Furthermore, for a responding party to sustain an objection on the ground that the discovery is
17
duplicative is essentially an asked and answer objection, which is also improper in responding to
18

19 written discovery. See, Coy v. Superior Court, (1962) 58 Cal.2d 210, 218.

20 Accordingly, this objection should be disregarded.

21
Vague and Ambiguous Objection
22
OTHER PARTY has also posted objections to some of the requests for production of
23
documents based on vague and ambiguous, which is unfounded given the fact that objections to
24

25 discovery based upon vague, ambiguous and unintelligible were categorically overruled more than

26 50 years ago by the California Supreme Court. See, Cembrook vs. Superior Court, (1961) 56 Cal.2d
27
423, 428-430 (The objections filed by Sterling in summary, are that the requests are irrelevant to the
28

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OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1 subject matter of the action, are ambiguous, call for the conclusions and interpretations of the
2 litigant...The claims of ambiguity, calling for opinion and conclusion, and those other objections
3
summarized above, have been discussed in the other decisions filed this day. There were there found
4
to be untenable.). In West Pico vs. Sup. Ct. (1961) 56 Cal.2d 407, 421, the Court held that:
5

6
[T]here is no question of relevancy, and OTHER PARTY raises none. Its objections are that

7 the question assumes a fact not in evidence, and that it is compound in form. The interrogatory

8 makes no such assumption, and it is not compound. But even if both objections were meritorious,
9
that would not be grounds for objection to an interrogatory propounded under the provisions of
10
section 2030 of the Code of Civil Procedure. As was pointed out in the Greyhound case, objections
11
such as here raised to the form of the question are for the protection of a witness on oral examination.
12

13 When, as here, the answer is to be made in writing, after due time for deliberation and consultation

14 with counsel, an answer may be framed which avoids the pitfalls, if any, inherent in the form of the
15
question. OTHER PARTY, in an attempt to avoid this conclusion, claims that the rules for
16
interrogatories propounded under section 2030 are the same as those for the taking of oral
17
depositions. This is not so. Id. (emphasis Added); Greyhound vs. Superior Court, (1961 56 Cal.2d
18

19 355, 391.

20 Thus, OTHER PARTYs objections as to the requests for production of documents are
21
without merit.
22
Modify the wording here to fit your particular situation. Do NOT
23

24 just use the wording in this paragraph unless it definitely applies to

25

26 your situation.
27
B. THE COURT SHOULD SANCTION________ FOR FILING THEIR MOTION
28

- 8 -

OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1 FOR A PROTECTIVE ORDER WITHOUT MAKING A REASONABLE GOOD
2 FAITH EFFORT TO MEET AND CONFER
3
NAME AND PARTY CAPACITY contends that counsel for moving party did not make a
4
reasonable effort to meet and confer before filing their motion for a protective order in that LIST
5

6
HERE THE SPECIFIC FACTS THAT SUPPORT YOUR CONTENTION THAT THE

7 MOVING PARTY DID NOT MAKE A REASONABLE EFFORT TO MEET AND CONFER

8 AND BE SURE TO CITE TO ANY ATTACHED EXHIBITS.

9
Code of Civil Procedure 2031.060(h) states that, Except as provided in subdivision (i), the
10
court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against
11
any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order,
12

13 unless it finds that the one subject to the sanction acted with substantial justification or that other

14 circumstances make the imposition of the sanction unjust.

15
The determination of whether an attempt at informal resolution is adequate involves the
16
exercise of discretion and depends upon the circumstances.
17
A determination of whether an attempt at informal resolution is adequate also involves the
18

19 exercise of discretion. The level of effort at informal resolution which satisfies the "reasonable and

20 good faith attempt" standard depends upon the circumstances. In a larger, more complex discovery
21
context, a greater effort at informal resolution may be warranted. In a simpler, or more narrowly
22
focused case, a more modest effort may suffice. The history of the litigation, the nature of the
23
interaction between counsel, the nature of the issues, the type and scope of discovery requested, the
24

25 prospects for success and other similar factors can be relevant. Judges have broad powers and

26 responsibilities to determine what measures and procedures are appropriate in varying

27
circumstances. See Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.
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OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1 Code of Civil Procedure 2023.010 states in pertinent part that, Misuses of the discovery
2 process include, but are not limited to, the following:
3
(h) Making or opposing, unsuccessfully and without substantial justification, a motion to
4
compel or to limit discovery.
5

6
(i) Failing to confer in person, by telephone, or by letter with an opposing party or attorney in

7 a reasonable and good faith attempt to resolve informally any dispute concerning discovery, if the

8 section governing a particular discovery motion requires the filing of a declaration stating facts
9
showing that an attempt at informal resolution has been made.
10
Code of Civil Procedure 2023.020 states that, Notwithstanding the outcome of the
11
particular discovery motion, the court shall impose a monetary sanction ordering that any party or
12

13 attorney who fails to confer as required pay the reasonable expenses, including attorneys fees,

14 incurred by anyone as a result of that conduct.

15
Monetary sanctions encourage voluntary compliance with discovery procedures by assessing
16
the costs of compelling compliance against the defaulting party." Pratt v. Union Pacific Railroad
17
Co., (2008) 168 Cal. App. 4th 165, 183 (citing Argaman v. Ratan (1999) 73 Cal.App.4th 1173, 1179.
18

19 NAME AND PARTY CAPACITY contends that the moving party and their counsel of

20 record should be sanctioned in the amount of $___ for their failure to make a reasonable effort to
21
meet and confer.
22
III.
23
CONCLUSION
24

25 For the reasons stated above, the Court should deny the motion for a protective order filed by

26 ____________________ and instead order the moving party and their counsel of record to pay
27
sanctions in the amount of $__________.
28

- 10 -

OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1

2 Dated________________ _______________________________________________
3 ANY ATTORNEY OR PARTY

6 DECLARATION OF
7
I, _______________________, declare as follows:
8
USE THE WORDING BELOW IF AN ATTORNEY IS SIGNING
9
1. I am an attorney duly admitted to practice law before the courts of the State of
10

11 California and the attorney of record for ___________ in the above-captioned action entitled

12 __________, now pending before the ________County Superior Court, as case number
13
_____________.
14
USE THE WORDING BELOW IF A PARTY IS SIGNING
15
1. I am ___________________________ in this action. I am over the age of 18 years and
16

17 have personal knowledge of the facts contained in this declaration, and if called as a witness, could

18 and would testify competently to the following.

19
2. I have personal firsthand knowledge of the facts set forth herein and if called
20
as a witness I could and would testify competently to the truth of the facts set forth in this declaration.
21
3. I make this declaration in support of _______ opposition to the motion for a
22

23 protective order and for sanctions.

24 4. Attached hereto, marked as indicated below, and incorporated herein by reference are
25 true copies of the following documents:
26
Exhibit A: Requests for production of documents, set one, propounded by
27
____________ with proof of service dated ____;
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OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1 Exhibit B: Letter received by counsel for moving party on or about
2 ______________;
3
Exhibit C: Letter to counsel for moving party sent by ______ on or about ________
4
regarding requests for production of documents.
5

6
5. On ______ I served requests for production of documents, set one on _________ on

7 behalf of my clients, ________. (See Ex. A.)

8 6. On __________ my office received a letter from counsel for moving party regarding
9
their objections to the requests for production of documents, set one, (See Ex. B.)
10
7. On ______________ I sent a response letter to counsel for moving party in which I
11
reiterated that I did not agree with the objections to the requests for production of documents, set one.
12

13 (See Ex. C.)

14 8. On __________ I telephoned ______________ and spoke with them for

15
approximately __ minutes. I stated the position of my clients that the requests for production of
16
documents were not excessive in number or objectionable in any other way, and were code compliant
17
in that they requested information that was clearly relevant to the issues involved in this action.
18

19 8. As of the date of filing of this declaration motion I have still received no response

20 whatsoever from __________ .

21
9. I spent _____hours researching, assembling, drafting, proofreading, and finalizing the
22
opposition to the motion for a protective order.
23
10. I anticipate that it will take a further _______hours to prepare for, appear, and argue
24

25 the motion for a protective order in Superior Court in ______ County.

26 11. My clients are being charged $_____ per hour for attorney services.
27
12. Accordingly, the Court is urged to deny the motion to compel and order the moving
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OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1 party to pay sanctions in the amount of $_____ against _________________ for their willful failure
2 to meet and confer to reach an information resolution of this matter.
3
Modify the wording here to fit your particular situation. Do NOT
4

5 just use the wording in this paragraph unless it definitely applies to

6

7
your situation.
8 I declare under penalty of perjury under the laws of the State of California that the foregoing
9
is true and correct, and that this declaration is executed on ______________,20__ at
10
______________________,California.
11
___________________________________________________
12
NAME OF PERSON SIGNING DECLARATION
13

14

15
Remember that YOUR OPPOSITION MUST BE SERVED AND
16
FILED AT LEAST NINE (9) COURT DAYS BEFORE THE
17

18 HEARING. Court days means Monday through Friday, except for

19
Court holidays. You should serve your opposition by personal delivery
20

21 or overnight mail. See Code of Civil Procedure Section 1005 for more
22

23
details.
24

25

26

27

28

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OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS

 1

2
PROOF OF SERVICE
3

4
I am over the age of 18 and not a party to this action.

5 I am a resident of or employed in the county where the mailing occurred; my

business/residence address is: ADDRESS OF PERSON SERVING PAPERS
6

7
On ____________________ I served the foregoing document(s) described as: OPPOSITION
TO PROTECTIVE ORDER FOR REQUESTS FOR PRODUCTION OF DOCUMENTS;
8 DECLARATION OF ______________, EXHIBITS to the following parties:

9
NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
10
WITHOUT AN ATTORNEY
11
[X ] (By Overnight Delivery) I caused such envelope to deposited in a drop-
12 off box or other receptacle maintained by a company offering overnight
delivery service in the State of California.
13

14 [ ] (By Personal Service) I caused such envelope to be delivered by hand via

messenger service to the address above;
15
I declare under penalty of perjury under the laws of the State of California that the foregoing
16
is true and correct.
17
DATED: ______________ _________________________________________
18 NAME OF PERSON SERVING PAPERS
19

20

21

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OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS