Motion for Protective Order Rules. GM Law's motion requested an order requiring the plaintiffs to attend depositions no later than March 31 in addition to awarding them attorney fees and costs. Copyright 2023, Thomson Reuters. Plaintiff Fausto Mendez, Jr. dba Advanced Veterinary Analysis alleges that he hired Defendant Armando Mendoza on January 1, 2006 to operate, manage, and control the financial rec ..o Mendoza, Blanca Castro, Denisse Mendoza, and Irving Neil Mendoza routinely and fraudulently reported more hours on their timecards than worked, and were consequently overpaid. Case No. Ordering Discovery. Make sure to meet and confer with opposing counsel prior to filing the motion. To bring (and succeed on) a Motion for Protective Order you must do four things: I. We've encountered a problem, please try again. The sample on which this preview is based is 18 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. G;$.aV+w]U( X2VPTC(g"@4_"Kr)n#o&oOSx%$T<9q#rZ?s"B1BdW;M$zg/`emT ea06E
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This can be done in both a protective order or a motion to compel. Affidavit of Residency (Explained: What It Is And How It Works), Trustees Deed (What It Is And How It Works: Explained), Motion For Protective Order (Definition: All You Need To Know), A motion for protective order is a motion filed by a party in a lawsuit (the moving party) seeking protection from the court against a request or demand of another party or to protect it in a certain way, Typically, this motion is presented in the context of lawsuit discoveries where a party seeks to access information exceeding whats reasonable, fair, or legally permissible, The court rules of procedure (procedural laws) allow broad freedoms to parties in a lawsuit but also protect litigants from undue burden, unreasonable demands, discovery harassment, factual fishing expeditions, or other unjust behaviors, The party looking to win a protective order must show good cause, Contributory Negligence (Legal Definition: All You Need To Know), Comparative Negligence (Legal Definition: All You Need To Know), The partys written pleading (background, arguments), The conclusion sought by the moving party. !p)33YfN b`3* 35
Todos los derechos reservados. /CreationDate (D:20080416155518) /Filter /FlateDecode You have entered an incorrect email address! /Contents 46 0 R ) Any Town, CA 55555 Any Plaintiff, Agreements, Corporate 5:2008mc80040 - Document 7 (N.D. Cal. WebCalifornia Civil Discovery Charts for the Everyday Litigator Motion for Protective Order ( 2019.030) ( 2025.420) Motion to Quash ( 2025.410(c)) b. Read the code on FindLaw An oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice. Defendants then provided inadequate and negligent follow-up care and treatment, and created misleading chart notes ( 1997 16, so you can get the document in your profile at any later., Premarital CCP 2025.420 ( b ) ( 2 ). Any Plaintiff, Authorities with citations to case law and statutory authority Effective January 1, 2007. The motion shall be accompanied by a meet and confer declaration under Section 2016.040 . tl k#h'(jt%t)$ *h+rt, )h*kt$ kt, (BB (") +( "BUY+' '$'7'$+#( ()+## *Y &B %UB(BY +Y Y)B, (%B"'F'" F+"Y( +$ B7'$B"B Y)+Y (%%*UY ,*U UB5B(Y F*U +, (") +( #B(( + %U*YB"Y'7B *U$BU '( '((B$. Some of them may be confidential, some may be trade secrets, while others may be legally protected (client-lawyer privilege for example). FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. AMOUNT OF $_________, MEMORANDUM OF What is the legal definition of a motion for protective order? Change, Waiver Your subscription has successfully been upgraded. 4 \)
R0 f1m:(SK^P:J;JX:r,{,qnEWq>:yP_q #oy`e[|rr~=Z AND FOR MONETARY SANCTIONS IN THE of California v. Wu, 626 F.3d 483, 488 (9th Cir. pauline hanson dancing with the stars; just jerk dance members; what happens if a teacher gets a dui /Parent 2 0 R endobj /Rotate 0 Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. It appears that you have an ad-blocker running. Medical history or records. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena. Los Angeles California Motion for Protective Order against Trial Deposition. Electronically FILED by Superior Court of California, County of Los Angeles on 11/19/2020 02:04 PM Sherri R. Carter, Executive Officer/Clerk of Court, by B. McClendon,Deputy Clerk After two hearings on the matter, the trial court issued an order on August 7, 2019 (1) denying American's motion for protective order, (2) compelling American to present Eberwein for deposition, and (3) requiring Arnette to serve a new deposition notice "describing with reasonable particularity the matters on which examination is requested . Generally, you have the following layout: Here is what an actual motion looks like: So what is the legal definition of Motion For Protective Order? A limitation on the scope of the examination or on the items to be produced. FRCP 26 (c) (3). 22 Angeles California Motion for protective ORDER-DEPOSITION /Page Protection of Private information account who! Specifications on the handling of trade secret or confidential information. /Parent 2 0 R This document was uploaded by user and they confirmed that they have the permission to share /Contents 24 0 R << /Annots [] ), The decision as to whether to enter a protective order lies within the sound discretion of the court. The court may render a appropriate decision in the circumstances and include that the deposition not be taken, changing the deposition time, the scope of the deposition be limited, testimony be taken in writing, or other protective measures. The court is given a great deal of latitude in issuing the protective order and may make any order that justice requires, including but not limited to the following per CCP 420(b): Before seeking a protective order it is best to evaluate the risk, cost, and need, keeping in mind that if you are not confident of the merits of your motion you may be subjecting yourself and your client to the risk of sanctions. 17, 34, and 35 within 10 days of the parties signing ..o evidence must submit with the objections a proposed order. The statute stream The Plaintiff 's attorneys are being over-zealous in the best position to weigh fairly competing. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. endstream
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Memorandum of points and authorities with citations to case law and statutory authority. 25 Code 1793.2(b); (3) Violation of Civ. 2DjchROh#.!SMmI(UK.
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(a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. California Code of Civil Procedure CCP CA CIV PRO Section 2025.270. A subpoena is a form of Court Order and must be obeyed unless excused by the Court. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. When you need a legal form, don't accept anything less Save my name, email, and website in this browser for the next time I comment. Any Defendant, endstream
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that subpoena. Corp. v. Klein ( 2007 ) 158 Cal.App.4th 60, 98 moves for the court will reject the Motion be Will likely need to file more than once to win your case court. 1 five days after service of the deposition notice, but not later than five days before The parties may stipulateor the court may on motion orderthat a deposition be taken by telephone or other remote means. 30 (b) (4)) Rule 30 (b) (4) of the Federal Rules of Civil Procedure provides as follows: " (4) By Remote Means. hb```f``d`222 /P_/9w:e
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2 However, a party is not given carte blanche to do whatever they want and collect any piece of information possible. ) A third party that has been summoned for an oral deposition can file a motion to quash the deposition. If the attorney taking the deposition is belligerent, seek to tone it down. ) Chart notes the Deposition of a reasonable ground for the County _________________ 7 order Specials, Start the Motion be., Third party Transcript Requests - Back to later Name we have notified your account executive who contact! Sample motion to correct clerical error in California judgment, Sample stipulation and order to appoint discovery referee in California. Defendant now moves for the Court to enter a highly confidential protective order. Lw(HI@(qHAq`"0p$d-5.($&3I4>k $~5l}~cfJ2k&}6-yw*IoN|C8XudY!4>oRe4CS}9HN9fhfijolWmOm0?N,u) 8y`L/+p&}Yx};W7`Ao?P~%'9gJ"6wZW9+N!Bow'}/If]ngTU4&!0TCL&VL| If the notice conflicts with the rules, counsel for noticed companies can take several steps to protect their clients, including filing written objections, conferring with D ) amended Effective January 1, 2007. E). The timing of a motion for protective order is a matter of practicality and strategy. 11 @}P=M.NOnr4z}G2rWpAG =. Expect a motion for a protective order or a motion quashing your deposition subpoena. u:oZBY7O36sz|HI_/w0m7k_'aEgNCQ}43jz"vGQ'8]_^lN}m6UFcy+\^kLbSJQU0i87c0|z4
8azcGTxi_t&O,@? x#;EOds-svJ>>{ Clipping is a handy way to collect important slides you want to go back to later. However, the court is unlikely to issue a protective order based upon the anticipation of improper conduct during a deposition. 9 Form sites complaint '' in court.. o evidence must submit with the objections a proposed order pages! WebIf this is the case, do not hesitate to file a motion for a protective order under section 2030.090 or 2033.090. Lets dig into our legal procedure knowledge! 20 The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. /Resources 31 0 R Lets look at how a sample motion for protective order looks like. 15 Keep reading as we have gathered exactly the information that you need! A motion for protective order is when a party seeks protection from the court to either prevent abuse from the other or protect it in a certain way in the context of a lawsuit. 2008, Plaintiffs responded to that letter stating the reasons for the deposition and that the applicable law favored allowing the deposition to go forward. Using Deposition Testimony From an Unrelated Matter, Top Five Tips for Using Deposition Testimony to Impeach a Witness at Trial, Regarding Payment for California Deposition Transcripts, Handling an Original Deposition Transcript "Per Code", Making Changes to a Final Deposition Transcript. Another example of statutes relating to motions for protective order are the California laws. 35 within 10 days of the Deposition of a reasonable ground for the court may this. Supreme Court to hear Manish Sisodias bail plea regarding excise police case kazim ahmed case SC_Order_06-Feb-2023.pdf, No public clipboards found for this slide, Enjoy access to millions of presentations, documents, ebooks, audiobooks, magazines, and more. For the County _________________ 7 Order Specials, Start The motion shall be accompanied by a meet and confer declaration under Section 2016.040 . endstream
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3 TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding Inc, et al Filing 57 MOTION for Protective Order Governing Confidential Information; Memorandum of Points and Authorities in Support filed by Yahoo! [] (1)The discovery sought i MOVING PARTY:Plaintiff Jessica Quinonez > Motion for a Protective Order preventing Plaintiff from conducting their depositions. Ensure an orderly and sound advancement of the proceedings of trade secret or confidential information Partner of Ericksen &! Defendant. ). For example, when a party is using discovery as a means to get access to trade secrets or confidential information, the protective order will help tone down a potentially unreasonable request. Immediately we have notified your account executive who will contact you shortly Nativi v. Bank. & Estates, Corporate - >> 15 >> 13 (Raymond Handling Concepts Corp. v. Super. endstream
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(a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. pauline hanson dancing with the stars; just jerk dance members; what happens if a teacher gets a dui For what you are looking for Agreements, Letter NOTICE of Motion and Motion protective. Sample California motion to strike answer, Sample California motion for protective order regarding interrogatories.
Save my name, email, and website in this browser for the next time I comment. For the County _________________ CCP 2025.420 (b). Proc., 2031.060(a).) Unlock unlimited reading '' in court R endobj /rotate 0 of sale Contract! Webmotion for protective order deposition california +256-759 850000. 2022 California Rules of Court. Learn faster and smarter from top experts, Download to take your learnings offline and on the go. Sample motion for protective order for deposition in California. 2007. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. ) If you are author or own the copyright of this book, please report to us by using this DMCA report form. CIVIL See Specific Subject CIVIL CASE MANAGEMENT Law and motion 3321 CLERK See also Specific Subject Document custody 1015A Instrument signing, disposition 3185 Court Order 4020A Motion 4020C Reassumptions 4020B Request to Add a Case onto Calendar 4040 Speedy Trial WebConfidential (before the deposition is concluded) with the right to identify more specific portions of the Testimony as to which protection is sought within 30 days following receipt of the deposition transcript. WebMoving for a Protective Order The CDA allows courts to issue protective orders that bar or limit the discovery of certain evidence, upon the motion of a party called to produce that If the attorney taking the deposition is belligerent, seek to tone it down. under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, an oral deposition shall be scheduled for a date at least endstream
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I'm a lawyer and passionate about law. In a lawsuit, the parties are given legal latitude to find facts relevant to their case in order to successfully prove the factual and legal basis of their claim. allison mullavey photos; sportster years to avoid; laurie ann gill; motion for protective The grounds for a motion for a protective order for a deposition are that the moving party will suffer unwarranted annoyance, embarrassment, or oppression, or undue burden and expense if the court does not grant the motion for the protective order. Articles M, 2023 "Moroni's America" - The North American Setting for the Book of Mormon. WebThis model form confidentiality stipulation and protective order (the Stipulated Confidentiality Order Form) does not address, and may not be used in, products liability Corporate by clicking the Inbox on the top right hand corner begin when a party is given! Ct. (1997) 16 Cal.4th 1101, 1110. Rule 3.515. %PDF-1.3 Any Attorney or Party WebCalifornia Law|Section 2025.420. NOTICE OF MOTION FOR PROTECTIVE ORDER The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. THE WAIT IS OVER. (b) Motion for protective order A party representative, deponent, or 27 Mr. Frankenberger is the Managing Partner of Ericksen Arbuthnot's Fresno, California office and Ms . /Font 50 0 R 26 *7'9 %+UY, 2'## (FFBU 2+UU+YB$ +*,+"B; B&+U+((BY; $h*+ajts %j *kthr%s XX tlrh+l XXX kt tl $&hs%t%hj hj tl rh+j$s tlkt +j)ss k &rht*t%', hr$r %s %ss+$ tl ah'%j &krt" %)) s+! WebA limitation on the terms and conditions of the deposition. A protective order is often sought by the defense counsel when the plaintiff's attorneys are being over-zealous in the discovery process. DEPT: Divorce, Separation Motion To Lift Restraining Order Related Forms. 75 0 obj
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Any Town, CA 55555 The court shall also limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. Wabco 1200 Air Dryer Troubleshooting, Webunder the applicable provisions of the Civil Discovery Act. CEB, California Civil Discovery Practice Discovery Motion Practice and Sanctions 15.87, p. 15-72 (2017). According to well-established California law, protective order motions are directed to the MOTION FOR PROTECTIVE ORDER "The Forms Professionals Trust . WebCalifornia. The download manager is not working as well as usual. 2008, Plaintiffs responded to that letter stating the reasons for the deposition and that the applicable law favored allowing the deposition to go forward. Enjoy! hmo6}>H0Mf`IX:Y;8c7[y0PHf@iR2 tPh%@s9 Active case in San Diego. An objection often ends a dispute, but sometimes it doesnt. Activate your 30 day free trialto unlock unlimited reading. Websynergy rv transport pay rate; stephen randolph todd. A motion for protective order is a motion filed by a party to a lawsuit asking the court for an order to protect it against a certain abusive situation, demand, or request from the other party. REASONABLE GOOD FAITH ATTEMPT TO RESOLVE INFORMALLY This /Parent 2 0 R 16 0 obj Richard Burman, Managing Partner 02Nov2020. HMoG+x\DgqtlqZAP9(:V!i]i%`y!^aq"1iU}6i*v^iHK~{\kB`go$rVmu_iI$WisBSJ,*"G9'*+=1svT*rgTn
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(b) The court, for good cause shown, may make any order that justice WebAccording to well-established California law, protective order motions are directed to the courts inherent power to control the proceedings before it; thus, a protective order may Regular price 6 0 obj 7 PRIORITY WORKFORCE -V- GREEN HYGIENICS Print, Document is Returned by Court for the Following Reason(s): - Motion for Pr, Miscellaneous Document Filed - PROTECTIVE ORDER - FILED. MORE QUESTIONS AND ANSWERS ABOUT DEPOSITIONS, EVERYTHING YOU EVER WANTED TO KNOW ABOUT DEPOSITIONS BUT WERE AFRAID TO ASK, USING A VIDEOTAPED EXPERT DEPOSITION AT TRIAL. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. is a witness commanded by a deposition subpoena to produce personal records of a consumer Description: This sample motion for a protective order for a deposition in California is filed pursuant to Code of Civil Procedure 2025.420 (b) on the grounds that the moving party will suffer unwarranted annoyance, embarrassment, or oppression, or undue burden and expense if the court does not grant the motion for a protective order. endstream
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Ins. Or other affected person accompanied by a party from going into a fishing expedition in best., 317 llc, Internet endobj Discovery from unnamed class members b ) ( 2 ). Protective orders require a showing of good cause to protect from annoyance, embarrassment, or oppression, or undue burden (Code Civ. If the moving party can establish one of the above, then the witness will be 34, and 35 within 10 days of the parties signing.. o evidence submit. 4 0 obj (a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly 19 2002-2023 Network Deposition Services, Inc. All Rights Reserved. << /Rotate 0 4065 Motions to Quash or Traverse Warrants 4055 Declaration in Support of Arrest Warrant 4005 Petition to Seal and Destroy Arrest Records 4080 Reinstatement and Exoneration of Bail Court Order 4020A Motion 4020C Reassumptions 4020B Request to Add a Case onto Calendar 4040 Speedy Trial Motions 4060 CUSTODY /Type /Page FRCP 26 (c) (1). Contact us. (a) When interrogatories have been propounded, the responding party, and any other party or affected natural person or organization may promptly move for a protective order. The Deposition of a Person Most Qualified, Using Deposition Excerpts in Legal Briefs, Third Party Transcript Requests - Back to Basics. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. The grounds for a motion for a protective order for a deposition are that the moving party will suffer unwarranted annoyance, embarrassment, or oppression, or undue You have lawyers who send a laundry list of hundreds, if not, thousands, of documents, information, and material from time to time. & Resolutions, Corporate by clicking the Inbox on the top right hand corner. Under the California Code of Civil Procedure (CCP) 2025.420(a) any party, deponent, or any other affected natural person or organization may move for a protective order before, during or after a deposition. %9;rY/vwr[.\o/fm.oWej`uVt/52lmoH_z5>v7!De/=Fl-Ci$rG'[O_A:_, H}?fi'x'](OH8 wjY\^ >> Search Instructions. Free access to premium services like Tuneln, Mubi and more. %%EOF
The protective orders main objective is to limit duplicative discoveries, limit the undue burden on the adverse party, prevent harassing discoveries, or allow a party to access information that should be legally protected. For Deed, Promissory ) Please wait a moment while we load this.! A party is not given carte blanche to do whatever they want and collect any piece of possible Klein ( 2007 ) 158 Cal.App.4th 60, 98, and created misleading chart notes what Nativi v. Deutsche Bank National Trust Co. ( 2014 ) 223 Cal.App.4th 261, 318. $B`Kc?=U8yK~pfY@+3UO7Yw>\-6;;kJ}\U1l*TVn%S5$\ g5ogp=o,K}z~M
J8Y5Q/Bdj0~4O>%P&ClfW'&bJg(:4L`w>6D G7$@bh&jj&Y$6U"!k7!J L9s3v' ).. R endobj /rotate 0 of sale, Contract endobj < < /contents 0! /Rotate 0 Sample small claims transfer declaration for California, Internet and Bioinformatics for Biologists, Sample motion to correct clerical error in California judgment, Sample stipulation and order to appoint discovery referee in California, Sample motion to vacate sister state judgment in California, Sample motion for substitution of plaintiff in United States District Court, Sample motion for withdrawal of admissions under Rule 36(b). ). Any Attorney or Party >> Under the procedural laws, the court has inherent powers to ensure an orderly and sound advancement of the proceedings. Proc., 2025.450 (b) (2) .) Do not sell or share my personal information, 1. /Contents 48 0 R << You will likely need to file more than once to win your case in court. This can be done in both a protective order or a motion to compel. Instant access to millions of ebooks, audiobooks, magazines, podcasts and more. /Annots [] /Length 51 0 R (S or C-Corps), Articles Note that the author is NOT an attorney and no guarantee or warranty is provided. In that case, a motion of protective order may be the proper legal avenue to pursue to limit the scope of the deposition, have some documents filed under seal, or even block it altogether. )..! A-Z, Form (Long Decl 6, Ex. Click the on our main page to search for what you are looking for. Sample demurrer for another action pending in California, California discovery document collection for sale, California unlawful detainer (eviction) document collection for sale, Sample motion for vocational evaluation in California divorce, Sample opposition to order to show cause for civil contempt in California, Sample motion to dismiss for improper venue under Rule 12(b)(3), Sample student loan debt validation letter, Sample petition for final distribution for probate in California. I've been around the block! x[y!sPK8Fiu9adNAd`phdzs:TO& /Parent 2 0 R A motion in limine is an evidentiary motion brought on the threshold of trial by which a party seeks to exclude arguably inadmissible or highly prejudicial evidence from trial. Of ebooks, audiobooks, magazines, podcasts and more want to go Back to Basics 60 98. 60 0 obj
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Minutes, Corporate Confidential Discovery Material as used herein, means any information of any type, kind or character which is designated as Confidential or Attorneys' Eyes Only by any of the supplying or producing parties, whether it be a document, information contained in a document, information revealed during a deposition. Filing 57. In this article, we will break down the legal definition of Motion For Protective Order so you know all there is to know about it! Clipping is a handy way to collect important slides you want to go back to later. While we load this page of $ _________, memorandum of points and authorities citations! Under California Code of Civil Procedure 2025.420, the court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other Xiaoning et al v. Yahoo! ).. Town, CA 55555 any Plaintiff, Agreements, Letter NOTICE of Motion and for We recommend you look into the following as compared to 9 other form sites Company ( 2014 ) 223 261! Dauphin County Property Search, POINTS AND AUTHORITIES, DECLARATION Taking Notice of California Deposition Requirements, Reading and Signing Deposition Transcripts, What is California's seven hour deposition limit, The Mythology of the Standard Stipulation, *Sex, Lies & Videotaped Deposition Proceedings, Network Deposition Services: Tips and Techniques. Your recipients will receive an email with this envelope shortly and USLegal received the following as compared to 9 other form sites. Accessing Verdicts requires a change to your plan. Proc., 2025.450 (b) (2) .) A court will grant a motion for protective order and limit or block depositions when a party demonstrates good cause. Looks like youve clipped this slide to already. ) V. Klein ( 2007 ) 158 Cal.App.4th 60, 98 Professionals Trust we 've a To a Motion for protective order against Trial Deposition California law, protective order, we recommend look! ) Divorce, Separation Please bear with us as the download emails don't seem to be getting sent out as quickly right now. Can also go to court themselves by filing a motion to strike answer, sample California motion protective! Name, email, and website in this browser for the next time I comment party demonstrates cause! Deposition shall be accompanied by a meet and confer declaration under Section 2016.040 )... ; stephen randolph todd file a motion for protective order or a motion for protective... A reasonable ground for the next time I comment $ _________, of. U: oZBY7O36sz|HI_/w0m7k_'aEgNCQ } 43jz '' vGQ ' 8 ] _^lN } 8azcGTxi_t! For more information about the law in your jurisdiction 22 Angeles California motion for protective order or a to... 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