links to youtube instructions from my teacher to watch before you start.
please watch the voice recordings or you will not do the assignment correct.
Please assume that six months ago (calculate based on due date of assignment), you propounded Specially Prepared Interrogatories, Set Two (2) tothe opposing party.
Special interrogatory number 46read as follows: “Please state what fact or facts you currently are aware of that form the basis for the allegations set forth in YOUR answer that plaintiff Nguyenwas negligent and careless and did not use due, proper or appropriate care for his safety.”
Thirty-five days after the special interrogatories were served,Hanes, through his counsel,responded to this interrogatory as follows: “Objection. Defendant Hanes will not state all facts upon which he bases her allegation because this would unfairly limit him from relying on other facts or evidence which might subsequently come to his knowledge.”
One week after you received Hanes’ responses, you sent a meet and confer letter to his counsel, John Johnson. In the letter, you informed Johnson that the objection to special interrogatory number 46was without merit. In your letter, you requested that Hanes provide furthera further response. You asked that Johnson respond to your letter within 10 days. He ignored your letter and never responded.
Johnson’s address is 555 North Ocean Boulevard, Long City, CA 91112.
Your rate as a lawyer is $400.00 per hour. Please request six (6) hours of time in your declaration for sanctions against Hanes and hiscounsel, jointly and severally.Also, add the appropriate filing fee.
Please divide the six hours as follows:
- 1 hour drafting the meet and confer letter,
- 2 hours drafting the motion to compel,
- 2hoursthat you expect to spend reviewing and responding to theopposition to your motion and
- 1 hour that you expect to spend for your court appearance.
Youarranged a hearing date of one month after this assignment is due at 8:30 a.m. in department 20. The judge is Beth Bentley. Please use the filing date from the previous assignment. Your trial date is one year from the date this assignment is due.
- Please prepare a Motion to Compel Further Responses to the aforementioned Interrogatory.
- Your motion must contain:
- (1) Notice of Motion
- (2) Motion (Points and Authorities)
- (3) Declaration from you, as the attorney
- (4) Separate Statement
- (5) [Proposed] Order
You do not need to attach the exhibits to your declaration, i.e. the meet and confer letter and/or the discovery. Just draft your declaration as if they were attached. You do not need to attach a proof of service.
- For this assignment, it will be necessary to use both statutory and case law.
- Do not perform outside research for this project.
- The law, as more specifically described below, has been provided in your packet.
- Singer v. Superior Court
- California Code of Civil Procedure, Sections 2023.010 (e),(i) and 2023.020.
- All citations must be in accordance with the California Style Manual.