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CEB has my article, “Late Objections to RFAs Do Not Invalidate Otherwise Substantive Responses, Fourth District Holds”

Tim Kowal     November 27, 2024

CEB DailyNews has published my article, “Late Objections to RFAs Do Not Invalidate Otherwise Substantive Responses, Fourth District Holds”.

When discovery objections have been waived, does serving responses that still contain objections (which have been waived) count as “substantial compliance”? Yes, says Katayama v. Cont'l Inv. Grp. (D4d3 Oct. 9, 2024 No. G063872) [published]. Deeming the matters admitted, the court concluded, was improper.

The Court of Appeal held that the belatedly-served substantive answers “were far more ‘complete and straightforward’ than not,” and thus were in substantial compliance. The mere fact that they also included belated—and thus waived—objections did not change that. Instead, monetary sanctions for asserting waived objections was an appropriate remedy.

The original article is here.

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at CALpodcast.com, and publishes summaries of cases and appellate tips for trial attorneys. Contact Tim at [email protected] or (949) 676-9989.
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