California Personal Injury Attorney - Abuse Of The Discovery Process

MISUSE OF THE DISCOVERY PROCESS DEFINED
California Code of Civil Procedure defines misuse of the discovery process as follows: Misuses of the discovery process include, but are not limited to:
1. Persisting, over objection and without substantial justification, in an attempt to obtain information or materials outside the scope of permissible discovery.

2. Using a discovery method in a manner that does not comply with its specified procedures.

3. Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.

4. Failing to respond or to submit to an authorized method of discovery

5. Making, without substantial justification, an unmeritorious objection to discovery

6. Making an evasive response to discovery.

7. Disobeying a court order to provide discovery.

8. Making or opposing, unsuccessfully and without substantial justification, a motion to compel or limit discovery.

9. Failing to confer in person, by telephone, or by letter with an opposing party or California personal attorney in a reasonable and good faith attempt to resolve informally any dispute concerning discovery, if the section governing a particular discovery motion requires the filing of a declaration stating facts showing that such an attempt has been made. The court must impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct.

In a pedestrian accident case, as in all personal injury cases (including passenger accidents and boating accidents), when the court finds that a party has misused the discovery process it has a wide range of options; the most severe being (as a practical matter) resolution of the case against the offending party.