Tuesday, July 17, 2018

Weinstein v. Blumberg (Cal. Ct. App. - July 17, 2018)

I'm not sure of the prevalence of this practice.  But apparently, some attorneys believe that you can circumvent the discovery motion to compel deadlines in state court by simply filing the notice of motion within the relevant (e.g., 60-day) deadline and then serving the actual supporting documents (points and authorities, declarations, etc.) later, in advance of the hearing.  The theory, I imagine, is that it's easy to file the notice of motion, and then you'll do the real work later, after the deadline has expired but before the ordinary motion briefing schedule.

Sorry, though. The Court of Appeal makes clear today that doesn't work.

Get all those papers in on time next time.