In California civil litigation, discovery is an essential process that allows both parties to obtain crucial information for their case. However, there are instances where one party fails to respond, provides incomplete responses, or refuses to comply with discovery requests. When this happens, the requesting party can file a Motion to Compel Discovery to seek court intervention.
This topic provides a detailed guide on filing a Motion to Compel Discovery in California, including legal requirements, best practices, and a sample motion template.
What Is a Motion to Compel Discovery?
A Motion to Compel Discovery is a formal request asking the court to order the opposing party to provide complete responses to interrogatories, requests for production of documents, or depositions.
This motion is commonly filed when:
✔ The opposing party fails to respond within the required time.
✔ The responses are incomplete, evasive, or vague.
✔ The opposing party objects improperly without valid legal grounds.
✔ The party refuses to produce requested documents or submit to a deposition.
Legal Basis for a Motion to Compel Discovery in California
Under the California Code of Civil Procedure (CCP), several statutes govern discovery disputes:
✔ CCP § 2030.290 – Motion to compel responses to interrogatories.
✔ CCP § 2031.300 – Motion to compel responses to requests for production of documents.
✔ CCP § 2025.450 – Motion to compel deposition testimony.
A motion to compel must be filed within 45 days after receiving deficient discovery responses, and the moving party must demonstrate good faith efforts to resolve the dispute before seeking court intervention.
Steps to File a Motion to Compel Discovery in California
1. Attempt to Resolve the Dispute Informally
Before filing a motion, California law requires a “meet and confer” effort. This means:
✔ Sending a written request asking the opposing party to correct deficiencies.
✔ Discussing objections and possible resolutions.
✔ Allowing reasonable time for the opposing party to respond.
If the issue remains unresolved, you can proceed with a motion to compel.
2. Draft the Motion to Compel
Your motion should include:
✔ Case details – Court name, case number, and party names.
✔ Legal argument – Why the discovery responses are deficient.
✔ Evidence – Copies of discovery requests and deficient responses.
✔ Meet and confer efforts – Proof of attempts to resolve the issue.
✔ Proposed order – A document for the judge to sign if the motion is granted.
3. File and Serve the Motion
✔ File the motion with the appropriate court.
✔ Serve the motion on the opposing party.
✔ Pay the required filing fee (or request a fee waiver).
4. Attend the Court Hearing
✔ The court will schedule a hearing date.
✔ Both parties will present arguments.
✔ If granted, the opposing party must comply within the timeframe set by the court.
Sample Motion to Compel Discovery (California)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
[COUNTY NAME]
[PLAINTIFF’S NAME],
Plaintiff,
v.
[DEFENDANT’S NAME],
Defendant.
Case No.: [Case Number]
MOTION TO COMPEL DISCOVERY RESPONSES
DATE: [Hearing Date]
TIME: [Hearing Time]
DEPT: [Department Number]
I. INTRODUCTION
Pursuant to California Code of Civil Procedure § 2030.290 and § 2031.300, Plaintiff [Your Name] hereby moves this Court for an order compelling Defendant [Opposing Party’s Name] to provide complete responses to [form interrogatories, special interrogatories, or requests for production of documents].
Despite multiple attempts to resolve this issue informally, Defendant has failed to provide adequate discovery responses, necessitating this motion.
II. FACTUAL BACKGROUND
-
On [date], Plaintiff served Defendant with [interrogatories, document requests, or deposition notices].
-
The deadline to respond was [date].
-
Defendant failed to respond OR provided incomplete and evasive answers.
-
On [date], Plaintiff sent a meet and confer letter requesting compliance.
-
As of [date], Defendant has failed to cure deficiencies.
III. LEGAL ARGUMENT
Under CCP § 2030.290 and § 2031.300, if a party fails to respond or provides inadequate responses to discovery, the requesting party may move for an order compelling further responses.
Defendant’s failure to provide proper responses is unjustified and prejudicial to Plaintiff, as it obstructs the ability to prepare for trial.
IV. MEET AND CONFER REQUIREMENT
Plaintiff has made good-faith efforts to resolve this dispute by:
✔ Sending a meet and confer letter on [date].
✔ Attempting to communicate via [email/phone] on [date].
✔ Allowing reasonable time for Defendant to respond.
Since Defendant has failed to comply, Plaintiff has no choice but to seek court intervention.
V. REQUEST FOR MONETARY SANCTIONS
Pursuant to CCP § 2023.010, Plaintiff requests that the Court impose monetary sanctions on Defendant in the amount of $[Amount] to cover attorney’s fees and costs incurred due to Defendant’s failure to comply with discovery obligations.
VI. CONCLUSION
For the reasons stated above, Plaintiff respectfully requests that the Court grant this Motion to Compel Discovery and order Defendant to:
✔ Provide complete and verified responses within [timeframe].
✔ Pay monetary sanctions of $[Amount].
Dated: [Date]
Respectfully submitted,
[Your Name]
[Your Address]
[Your Contact Information]
What Happens After Filing a Motion to Compel?
✔ The Court Reviews the Motion – If properly filed, a hearing date is set.
✔ The Opposing Party May File an Opposition – They can argue against the motion.
✔ The Judge Issues a Ruling – The court may grant, deny, or modify the motion.
✔ Enforcement of the Order – If granted, the opposing party must comply.
Common Mistakes to Avoid
✔ Failing to Meet and Confer – Courts may deny motions if parties don’t attempt to resolve disputes first.
✔ Missing the 45-Day Deadline – File the motion within 45 days of receiving deficient responses.
✔ Not Providing Sufficient Evidence – Attach relevant documents to support the motion.
✔ Ignoring Court Rules – Follow local court rules for formatting and filing procedures.
Frequently Asked Questions (FAQs)
1. How long does a motion to compel take in California?
✔ The timeline varies, but courts usually schedule hearings within 30-60 days of filing.
2. Can a motion to compel be denied?
✔ Yes, if the court finds that the requesting party failed to meet and confer or if the requests were overly broad or unreasonable.
3. What happens if the opposing party still refuses to comply?
✔ The court may impose sanctions, issue contempt orders, or bar certain evidence at trial.
4. Do I need a lawyer to file a motion to compel?
✔ While not required, legal representation is recommended to ensure compliance with court procedures.
A Motion to Compel Discovery is a critical tool for ensuring full compliance with discovery requests in California litigation. By following the proper procedures, meeting deadlines, and submitting strong legal arguments, you can increase the chances of a favorable court ruling.
Use the sample motion template provided to draft a well-structured motion and protect your right to obtain essential evidence for your case.