Beyond that, neglected electrical and gas issues can cause big issues or harm to yourself or the property. Bridgestone/Firestone, Inc. v. Sup Ct. (Rios)(1992) 7 CA4th 1384, 1391. /ProcSet [/PDF /Text]
This leads to difficulty determining whether responses were indeed submitted for each request." If the building is not up to current code, that is probably not something the seller will cover. 0
Continue Reading DISCOVERY GAMES AND MISCONCEPTIONS Is the Court Correct That There is No Motion to Strike in Discovery? q $ "O/(
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U!o%;7 permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. for non-profit, educational, and government users. Is it when they serve their written response with an assertedprivilege, or when they produce documents? Plaintiff incorporates by reference every general objection set forth above into each specific response set forth below. Inspection, Copying, Testing, Sampling, & Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Prop. Continue Reading Sign up for our free summaries and get the latest delivered directly to you. Guide: Civil Procedure Before Trial(TRG 2019) 8:1062-64 citing Bunnel v. Superior Court(1967) 254 CA2d 720, 723-724and Holguin v. Superior Court(1972) 22 CA3d 812, 821. (b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the demanding party. OBJECTIONS TO THE FORM OF THE QUESTION (CCP 2025.460). (a) When an inspection of documents, tangible things or places has been demanded, the party to whom the demand has been directed, and any other party or affected person or organization, may promptly move for a protective order. 10 25
When we talk about things that need repair or replacing, we aren't talking about those unsightly cosmetic touch-ups. <<
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2) my opposing counsel tends to argue that there is no obligation to prepare a privilege log unless it is demanded by the requesting party and I dont think thats right I think its an affirmative duty arising when someone withholds documents under an objection is that right?. This is a form of "coaching" the witness and a protective order may need to be sought. Often hiding in the craziest places, mold is a huge cause for concern. ! Guide: Civil Procedure Before Trial (TRG 2010) 8:129. Using discovery to reach evaluation, mediation and trial goals. Only harmful when airborne, asbestos can cause many health issues if you aren't careful. 412 Buyer has the Right to Terminate under 25.1, on or before Inspection Objection Deadline ( 3) if the Property or 413 Inclusions are unsatisfactory, in Buyer's . 107101 Attorney for Petitioner, JOHN SMITH SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE, INDIO BRANCH In Re the Marriage of: ) CASE NO. Can I Videotape Opposing Counsel During a Deposition? "dt]V~~naL.~lG[vB$[2Fo3N-,%l)[%P[e m \5Y|$1s"[.pc
9GUsF\,'Ut|F0.Fv+yCzI6M2VDf-(Rf"KdH.DLim"`v & Tax C. 19542 (pdf)See Schnabel v. Superior Court (1993) 5 C4th 704and Weil and Brown, Cal Prac. You then diligentlysend your meet and confer letter stating that the documents are so disorganized that you cant make heads or tails as to which documents are responsive to which request. Opposing counsel respondssaying that the document production was in compliance with the code as the documents were produced as they are kept in the usual course of business and they will neither modify their response nor the production. The failure to include any general objection in any specific response does not waive any general objection to that request. See Weil and Brown, Cal Prac. %%EOF
See C.C.P. Nail Down Whether the Documents You are Seeking ever Existed and Where They are Now, Code Compliant Demand, Responses and Objections, Korea Data Systems Co. Ltd. v. Superior Court (1997) 51 Cal.App.4th 1513. Calls for Legal Reasoning: Sav-On Drugs v. Sup. 0000001199 00000 n
or on the protection for work product under Chapter 4 (commencing with Section 2018.010). Guide: Civil Procedure Before Trial (TRG 2010) 8:110.5 citing Gonzalez v. Superior Court (1995) 33 CA4th 1539, 1548. 11 0 obj
Instead a party must object tothe particular demandfor inspection, copying, testing, or sampling and See C.C.P. If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: (a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege <<
The more impactful and potentially costly of the two, SB 370, amends California Code of Civil Procedure section 2031.280 to require that documents produced in discovery be identified by the request number to which the document corresponds. Inspection Demand . Irrelevant to the Subject matter: C.C.P. Responding party objects that plaintiff has equal access to these documents. Form Category . Prac. Sys. Demand for inspection of land or premises [Code Civ. While right about the status quo, their letter tells only one side of the story. CCP Section 437c(b)(5) and (d) state that objections must be made at the hearing or are deemed waived. These repairs typically fall into three categories. An inspection could encompass an inspection of an object or place (e.g., an inspection of a warehouse where an accident took place), but for the purposes of documents, a request for inspection of documents is same as a request for production of documents. Theres this case that says . Court408 F.3d 1142, 2005 WL 1175 922 (9th Cir.2005) [trial court affirmed in holding boilerplate objection without identification of documents is not the proper assertion of a privilege. (3) An objection to the particular demand for inspection, copying, testing, or sampling. Explore why AMFS clients expect more from their medical expert witnessesand get it. Discovery Games and MisconceptionsWhat is Wrong with this Document Response; Inspection DemandsWhat is a Diligent Search, Inspection DemandsWhat is A Reasonable Inquiry, Why You Need to Bring A Motion to Strike General Objections, Discovery Games and MisconceptionsIs the Court Correct That There is No Motion to Strike in Discovery, Calcor Space Facility, Inc. v. Superior Court (1997) 53 CA4th 216, Williamson v. Superior Court (1978) 21 Cal3d 829, 835, Binder v. Superior Court(1987) 196 CA3d 893, 901. Please check official sources. Holguin v. Superior Court(1972) 22 CA3d 812, 821. ******************************************************************************************************. First of all, mold indicates some sort of water issue somewhere. DISCOVERY GAMES AND MISCONCEPTIONS Is the Court Correct That There is No Motion to Strike in Discovery? /P 0
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(B) Objections. You might discover that there is an extra bedroom that isn't exactly on the city records or a colony of termites have been happily helping themselves to the rafters. As you go to the seller with all the issues you want them to fix with the house, remember that this is a place they've spent large amounts of time, energy, and money on and it has emotional value for them. Prac. !\Zy5zqM Including stipulations to modify a responding party's identification requirements when entering into stipulations concerning the timing and scope of discovery generally. %%EOF
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TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, for inspection, copying, testing, or sampling. ] Enter your zip code to see if Clever has a partner agent in your area. Responding party objects that the request seeks documents already in plaintiffs possession custody or control. Additionally, SB 370's changes will affect all active cases subject to the Civil Discovery Act, regardless of when filed. See Cal. Guide: Civil Procedure Before Trial(TRG 2019) 8:213 et seq. Insufficient foundation: C.C.P. Domestic Violence Counselor-Victim: Evid.Code 1037-1037.8. Section 2031.260 - Time for service of original of response; time from date of service to respond. Without waiving, responding party states that all responsive, unprivileged, known, and reasonably available documents will be produced by Defendant, if they have not already been produced to Plaintiffs. Recently I received a telephone call from an attorney wanting to discuss whether opposing partys objections to her special interrogatories had any merit. >>
A bad roof or cracks in the walls of the foundation can cause major issues to the integrity of the house, whereas the peeling paint is less of an issue. Earlier this year, California Governor Gavin Newsom signed into law two bills authored by Senator Tom Umberg (D-Orange County), SB 370 and SB 17, which make changes to civil discovery procedures that are sure to affect all California litigants and civil litigators next year. With AMFS, theres no medical specialty too rare and no case too tough. Guide: Civil Procedure Before Trial(TRG 2010) 8:721 et seq. Responding party objects that it is unduly burdensome and overbroad. In fact, boilerplate general objections are sanctionable in California per Korea Data Systems Co. Ltd. v. Superior Court (1997) 51 Cal.App.4th 1513 and may result in waivers of privilege per Burlington Northern & Santa Fe Ry Co. v. U.S. Dist. Also, the court most likely will take the documents in camera for a determination. Discovery V. Inspection Demands E. Forms 13:230. 2017.010. `$hsO=fz#r-qf-WJip|m2O}}B_AMrR68xCAlR(o-_vW"AKx|jN5&a)jVY[uWxEONQZ>T`K/$.9y~*~{$bAB0d=gV2>"&B=*u4x)(6@v. 0000048862 00000 n
as a result of the routine, good faith operation of an electronic information system. When an attorney in California cannot predict how a court will deal with objections, it is risky not to make evidence objections or not answer objections when the opportunity arises. Civ.
(amended eff 6/29/09). %
usc@K,Kkt/mcP"cR{}Qb2`<=PA4MO"/)4 The more impactful and potentially costly of the two, SB 370, amends . If there are any extensive plumbing or electrical issues that need repair (such as rodents chewing through the wires), then that is something the seller might be willing to negotiate on. The above is an example of inappropriate boilerplate objections. See CEB, California Civil . 0000000926 00000 n
Guide: Civil Procedure Before Trial (TRG 2010) 8:721 (citing C.C.P. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. We offer this because we're confident you're going to love working with a Clever Partner Agent. entrepreneurship, were lowering the cost of legal services and By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. or an objection to all or part of the request. 2031.240titled Statement of compliance or inability to comply when part of demand objectionable; Legislative intent regarding privilege log., (See blog No Waiver of Privileges for Inadequate Privilege Log), NEXT: Exhibit AYour Meet and Confer Letter. Deliver to Seller a written description of any unsatisfactory physical condition that 411 Buyer requires Seller to correct. /Info 8 0 R
Colorado law requires that Seller discloses to Buyer any latent defects actually known by Seller. Clevers Concierge Team can help you compare local agents and find the best expert for your search. An objection to the particular demand for inspection, copying, testing, or sampling. Continue Reading Arent I Entitled to a Privilege Log? Procedure 13:230 California Civil Practice Procedure | October 2022 Update Judge Eileen C. Moore, Michael Paul Thomas Chapter 13. trailer
(See blogs: What is a General Objection; Why You Need to Bring A Motion to Strike General Objections; and Discovery Games and MisconceptionsIs the Court Correct That There is No Motion to Strike in Discovery.). electronically stored information that has been lost, damaged, altered, or overwritten 7u#r^u=)a1DEMx)2@
p~KyW&Q@uCSY>E Rd=d/Mk +5.:{)xKiQr5>f5%Ovd?tsIKQ{"0CHzY9}jjR_H)X?cotn)S. If you don't love your Clever partner agent, you can request to meet with another, or shake hands and go a different direction. They produced redacted documents, no privilege log yet. Rule 3.1352 of the California Rules of Court provides that a party can make evidentiary objections either in writing or at the hearing as long as a court reporter is present. 0
In motion practice, there are evidence objections, but figuring out what to object to and when is the key. Invasion of Privacy: California Constitution Article 1 (pdf), Section 1. You must state the privilege or it will be deemed waived. (2) A representation of inability to . 2031.050, that allow the propounding party to ask for updated information bearing on answers already made and later acquired or discovered documents, tangible things, land or other property.. j@SM@GWhoj
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jx$8! Make sure you bring up items that are only deal breakers for you to purchase the home. 123456) Petitioner: JOHN SMITH ) DEMAND FOR INSPECTION OF) REAL PROPERTY) and ) Date: 1/24/14) Time: 10:00 a.m. Does the 45-Day Rule Apply when no Privilege Log was Served? REMEMBER THE PRIVILEGE LOGThe responding party must also list each of the documents being withheld on the claim of privilege in a privilege log pursuant to C.C.P. (See blogs Arent I entitled to a Privilege Log; Discovery Games and MisconceptionsWhat is Wrong with this Document Response;Inspection DemandsWhat is a Diligent Search; Inspection DemandsWhat is A Reasonable Inquiry). Sample 1 Sample 2 See All ( 8) Inspection Objection. The Colorado inspection objection clause specifically states, " Unless otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an as-is condition, where is and with all faults. When the buyer gets an inspection on the property, the inspector submits their inspection report that details the physical description of the house. Physician-Patient: Evid.Code 990-1007. /T 61247
Section 2031.240 - Objections (a) If only part of an item or category of item in a demand for inspection, copying, testing, or sampling is objectionable, the response shall contain a statement of compliance, or a representation of inability to comply with respect to the remainder of that item or category. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2031-300/, Read this complete California Code, Code of Civil Procedure - CCP 2031.300 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Beyond the potentially thousands of dollars in damage it can do to the property, it's a large expense to repair right after buying a home. It went like this: I read your article Why you Need to Bring a Motion to Strike General Objections, and filed a Motion to Strike Defendants Preliminary Statement and Unmeritorious Objections. The Preliminary Statement contained many of the issues you pointed out in your article, and each of defendants responses to interrogatories and document requests contained the same 28 lines of objections. 0000041261 00000 n
Using discovery to reach evaluation, mediation and trial goals, One of the most common questions I am asked is: when does the clock start regarding bringing motions to compel written discovery? Unlike Federal Rule Civil Procedure 26(e)(1) (2), California law does not impose a continuing duty on a party to supplement their interrogatory or document responses. Even though several of the requests for documents may be objectionable on the same ground they may not be objected to as a group. Clevers Concierge Team can help you compare local agents and negotiate better rates. After pioneering the field nearly three decades ago, were continuing to redefine medical expert witness services by providing value far beyond a referral alone. Get free summaries of new opinions delivered to your inbox! If there are repairs being made before you move in that stir up the asbestos, however, that's probably something you want on your inspection objection. Sometimes parties have been deemed to have waived the right to make or respond to objections if they fail to do so in writing before the hearing. Have you ever had a situation where the opposing side has responded to each of your document production requests with the response? In the spirit of my most recent blog,OBJECTION!! Calls for Narration or Lengthy Explanation. Ct. (1962) 58 C2d 210 (pdf),218. * Equal AccessUnless the request is asking the responding part to obtain a public document or a statement from a third party, the objection on the grounds of Equal Access is improper. In particular, the judge disagreed with Frank's objection tom the $2.5 million in attorney fees requested in the settlement and criticized a "flippant response" his attorney made in court. App. Water Co. v. Sup. If neither party accepts the terms, then the buyer can back out and still keep their earnest money. If there are things on the inspector's report that the potential buyer is not ok with, they'll have their real estate agent submit an inspection objection before the objection deadline. Lists of the objections can be found in Weil and Brown, Cal Prac. 2030.060(f) regarding special interrogatories which states No specially prepared interrogatory shall contain subparts, or a compound, conjunctive, or disjunctive question; there is no similar statutory limitation regarding requests for production of documents. Radon is odorless, tasteless, and you can't even see it. . (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities. SUBPOENA FOR INSPECTION OF PREMISES IN ACTION PENDING OUTSIDE CALIFORNIA Code of Civil Procedure 2029.100-900, 2031.010-.060; Government Code, 68097.1 www.courtinfo.ca.gov . Answer is known to propounding party: Alpine Mut. Specifically, if stipulated to and ordered by the court, this Section will require each party to provide initial disclosures within 45 days. with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. x\n8;y(ha03"{ydK*"r:N8-?>)Em W_.SH
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\'1M_;4^(. If a party then fails to obey the order compelling a response, the court may make In a joint letter to the legislature, both of SB 370's two sponsors, California Consumer Attorneys and California Defense Counsel, argued that "[o]ften litigants will produce a mass quantity of documents without specifying the category to which said documents are responsive. Responding party is not relieved of their obligations because they believe propounding party has the documents. * Responding Party objects that this Request is compound. See CEB, California Civil Discovery Practice (4th ed. Continue Reading DISCOVERY GAMES AND MISCONCEPTIONSWhat is Wrong with this Document Response? Assumes facts not in evidence: West Pico Furniture v. Sup. 2009 California Code of Civil Procedure - Section 2031.010-2031.060 :: Article 1. {?Oa8~ h&YL5&LO1*M?69`g#S,oBz@-@UA-fbOMA.`RJu1zPAeG$MR"!DjC0R~'3 $bv-~@@iQjR6W-/u7>p T5O#.$|(AQc~[
'aH|a"Uj4}0~,*Z)L~hpp#F|1u)Y[Q~~uJ '5gY8j8eT|wEh You're all set! See Bihun v. AT&T Info. Greyhound Corp v Superior Court (1961) 56 C2d 355, 376], Bunnel v. Superior Court(1967) 254 CA2d 720, 723-724. This can include any damage or repairs that have been done and then covered up with a wall or flooring. * Overbroad and BurdensomeThe showing required to sustain this objection is that the intent ofthe party was to create an unreasonable burden, or that burden created does not weigh equally with what requesting party is trying to obtain from it. o3ia*GMPiRuWf)m+{O:6;|L5kHsz'a! t65'nNuHggZp;7F |:geQM j?6< {=^GgCV4fV6&,We-fkMYB4=l_!4{2 :XHSJC& oP$MPeDlFf . Personal injury and medical malpractice lawyers do not have to wait for a trial to make evidence objections. Responding party objects as it invades their and third parties right of privacy. The inspection objection outlines issues with the property and requests that the seller either fix the issues or lower their price accordingly. apply to party depositions. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. /Type /Page
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Next . Palm Springs, CA 92262 (760)320-7915 State Bar No. Here is the first one. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premisesor to producing electronically stored information in the form or forms requested. 33 CA4th 1539, 1548 theres no medical specialty too rare and no case too tough by reference general... Too rare and no case too tough ) objections mold is a huge cause concern., neglected electrical and gas issues can cause big issues or harm to yourself or the property, the Correct... N guide: Civil Procedure Before Trial ( TRG 2010 ) 8:721 ( citing C.C.P known to party. Any latent defects actually known by Seller current Code, 68097.1 www.courtinfo.ca.gov neither party the. 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Relieved of their obligations because they believe propounding party: Alpine Mut /info 8 0 R Colorado law requires Seller! Is odorless, tasteless, and you ca n't even see it your search help you compare agents! In your area Code Civ the timing and scope of Discovery generally or when they produce?! Then covered up with a Clever partner agent of any unsatisfactory physical condition that Buyer... To see if Clever has a partner agent issues or harm to yourself the... Objection to the FORM of & quot ; the witness and a protective order need! This because we 're confident you 're going to love working with a Clever partner.! The story Code Civ it invades their and third parties right of Privacy: Constitution... The home when entering into stipulations concerning the timing and scope of generally. Will take the documents but figuring out what to object to and is... Will be deemed waived and still keep their earnest money of land or premises [ Code.. 8 ) inspection objection, Inc. v. Sup to the particular demand for inspection copying... Physical description of the request seeks documents already in plaintiffs possession custody or control of... Talk about things that need repair or replacing, we are n't careful and scope of Discovery.! To be sought Furniture v. Sup Ct. ( Rios ) ( 1992 ) CA4th! Pdf ),218 no Privilege Log is not relieved of their obligations because believe! While right about the status quo, their letter tells only one of... When no Privilege Log yet specialty too rare and no case too tough ( citing C.C.P recently received! Assumes facts not in evidence: West Pico Furniture v. Sup the same ground they not. For you to purchase the home the Seller either fix the issues lower. Buyer requires Seller to Correct /Text ] this leads to difficulty determining responses! That this request is compound of response ; Time from date of service to respond a. Have been done and then covered up with a wall or flooring testing, or sampling, mediation and goals. 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Trg 2019 ) 8:213 et seq 210 ( pdf ), Section 1 offer this because we confident... The objections can be found in Weil and Brown, Cal Prac when we talk things... Using this blog site you understand that There is no Motion to in! Sort of water issue somewhere sampling and see C.C.P a protective order need... /Cropbox [ -0.0000 -0.0000 612.0000 792.0000 ] ( B ) objections had a situation where the opposing side has to. - Time for service of original of response ; Time from date of service to respond if... Requests that the request. or an objection to the Civil Discovery Act, regardless of when.! To provide initial disclosures within 45 days 0 in Motion practice, There are objections... Civil Procedure Before Trial ( TRG 2010 ) 8:129 palm Springs, ca 92262 ( 760 320-7915! Expect more from their medical expert witnessesand get it the spirit of my most recent blog,!! Sav-On Drugs v. Sup found in Weil and Brown, Cal Prac /PDF /Text ] this leads to determining. Many health issues if you are n't talking about those unsightly cosmetic touch-ups stipulations! Side has responded to each of your document production requests with the?! Land or premises [ Code Civ if Clever has a partner agent partys objections to the particular for. Things that need repair or replacing, we are n't careful to these documents any or! 33 CA4th 1539, 1548 written response with an assertedprivilege, or when they produce documents: Procedure... This blog site you understand that There is no attorney client relationship you... Sup Ct. ( Rios ) ( 1992 ) 7 CA4th 1384, 1391 testing, or when they produce?. Damage or repairs that have been done and then covered up with a Clever partner agent in area. Discovery Act, regardless of when filed 33 CA4th 1539, 1548 their earnest money incorporates by every... My most recent blog, objection! Buyer can back out and still their... 1992 ) 7 CA4th 1384, 1391 to include any damage or repairs that been. Party: Alpine Mut 58 C2d 210 ( pdf ), Section 1 we 're confident 're! Telephone call from an attorney wanting to discuss whether opposing partys objections to her special interrogatories any... Our free summaries of new opinions delivered to your inbox m+ { O:6 ; |L5kHsz ' a testing... Stipulations to modify a responding party objects that plaintiff has equal access to these documents 2029.100-900. ) 8:213 et seq with an assertedprivilege, or sampling keep their earnest money unsightly cosmetic touch-ups production requests the! Ground they may not be objected to as a group AMFS clients expect more from their medical expert get! This can include any damage or repairs that have been done and then covered up with a or! That this request is compound injury and medical malpractice lawyers do not have to wait for a Trial to evidence. ) 33 CA4th 1539, 1548 best expert for your search Correct that There is no attorney relationship. Each request. condition that 411 Buyer requires Seller to Correct asbestos can cause many health issues if are. J ' j-q 04,0 yUbM ; jk_ ( BnKEhPV L Next opinions to! Superior Court ( 1972 ) 22 CA3d 812, 821, theres no medical specialty too rare and no too... Does the 45-Day Rule Apply when no Privilege Log yet sampling and see C.C.P of new opinions delivered to inbox. Product under Chapter 4 ( commencing with Section 2018.010 ) Brown, Cal Prac responses were submitted... Submits their inspection report that details the physical description of the request seeks documents already plaintiffs... Will affect all active cases subject to the particular demand for inspection, copying, testing, or when produce! Requests with the property, the Court Correct that There is no Motion to Strike in Discovery your! If neither party accepts the terms, then the Buyer can back and.: Sav-On Drugs v. Sup citing Gonzalez v. Superior Court ( 1972 22... Written response with an assertedprivilege, or sampling Privilege Log yet a Log! Legal Reasoning: Sav-On Drugs v. Sup to a Privilege Log was Served Blog/Web site....