What is an Informal Discovery Conference?

Informal resolution of discovery disputes is a centerpiece of California civil practice, requiring civil litigants to make “a serious attempt to obtain an informal resolution of each issue.” (Code of Civ. Proc., § 2025(o).)

This rule is designed “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order.” (McElhaney v. Cessna Aircraft Co. (1982) 134 Cal.App.3d 285, 289, 184 Cal.Rptr. 547.) “This, in turn, will lessen the burden on the court and reduce the unnecessary expenditure of resources by litigants through promotion of informal, extrajudicial resolution of discovery disputes.” (Townsend v. Super. Ct. (1998) 61 Cal.App.4th 1431, 1435.)

Legal Standard

The Legislature passed AB 383, which adds Section 2016.080 to the Code of Civil Procedure, effective January 1, 2018. According to this section, “[i]f an informal resolution is not reached by the parties, as described in Section 2016.040, the court may conduct an informal discovery conference upon request by a party or on the court's own motion for the purpose of discussing discovery matters in dispute between the parties.” (Code of Civ. Proc., § 2016.080(a).)

A determination of whether an attempt at informal resolution is adequate involves the exercise of discretion. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1012-1013.) Among the factors the court should consider are the history of the litigation, the nature of the interaction between counsel, the nature of the issues, the type and scope of discovery requested, and the prospects for success. (Id.) A trial judge's perceptions on such matters, inherently factual in nature at least in part, must not be lightly disturbed. (Id.)

Timelines

“If an informal discovery conference is granted or ordered, the court may toll the deadline for filing a discovery motion.” (Code of Civ. Proc., § 2016.080(c)(2).)

Useful Rulings on Informal Discovery Conference

Recent Rulings on Informal Discovery Conference

YELENA TUMANOVA VS A & R CARPET CARE AND PROFESSIONAL CLEANI

Additionally, because these are motions to compel further, as opposed to initial, responses, Plaintiff must schedule an informal discovery conference before seeking the relief sought by way of the motions. Finally, because the responses were served on 2/17/20, any motions to compel were due no more than 45 days thereafter. Plaintiff did not file these motions until 5/28/20, more than 45 days after Defendant served responses. The motions are therefore also denied as untimely.

  • Hearing

    Jul 10, 2020

NATHANIEL WHITE JR ET AL VS WENDY TAYLOR

Motion to Compel Further On September 19, 2019, Cross-Defendant served the Requests for Production (Set Two) on Cross-Defendant based on Cross-Complainant’s refusal to produce the documents sought via the requests during the September 18, 2020 Informal Discovery Conference (“IDC”). (Decl. of Jackson ¶2.)

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    other

EDUARDO GUZMAN VS GUSTAVO GUTIERREZ, ET AL.

On March 30, 2020, the Court took the nine motions to compel further discovery responses off calendar and set an Informal Discovery Conference for July 13, 2020. Neither the Court nor plaintiff’s counsel has been able to contact Defendant Gutierrez. Therefore, the Court is vacating its proposed July 13th Informal Discovery Conference, and is instead issuing the following ruling on the motions to compel. ANALYSIS: I. Motions to Compel Further Discovery Responses A.

  • Hearing

    Jul 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

SIANO VS. PUFFY DELIVERY, INC.

Stone initially raised a number of objections to this response, but its supplemental response, its statements at the May 13 informal discovery conference, and its opposition papers make clear, the only remaining objection concerns third-party privacy. Specifically, Stone argues that the disclosure of responsive documents would invade employees’ privacy in their financial information.

  • Hearing

    Jul 10, 2020

RANVIR KAUR V. CALIFORNIA DEPT. OF TRANSPORTATION, ET AL.

Currently, Kaur and Caltrans have a discovery dispute, which they could not informally resolve either independently or with the assistance of the Court at an informal discovery conference on July 1, 2020. Caltrans takes issue with the sufficiency of Kaur’s responses to the discovery it propounded, namely form interrogatories, set one (“FI”) and requests for production of documents, set one (“RPD”). Caltrans propounded the FI and RPD in August 2019. (Mickle Decl., ¶ 7.)

  • Hearing

    Jul 09, 2020

FORD VS. CHEVRON

If the parties are not able to agree on timing and scope of discovery, they are directed to contact the Clerk of this Department and obtain a date for an Informal Discovery Conference.

  • Hearing

    Jul 09, 2020

ANGEL CASTILLO-GARIBAY VS JANE HOKSIU WU

Defendant attempted to meet-and-confer and scheduled an informal discovery conference, which did not occur due to COVID-19-related court closures. Plaintiff’s counsel has filed oppositions stating that he “had no choice but to provide responses containing purely objections to preserve Plaintiff’s rights while Plaintiff’s Counsel was attempting to obtain communication with Plaintiff.”

  • Hearing

    Jul 09, 2020

DAVID AZIZI VS. BEHNAM RAFALIAN, ET AL.

These were taken off-calendar so that an Informal Discovery Conference (“IDC”) could be held. (January 27, 2020 Minute Order.) Due to his health, defense counsel moved ex parte to continue the trial date. The motion was granted. During the hearing, defense counsel represented to the Court that he would work out the discovery dispute with Azizi’s counsel. Defense counsel finally produced responses, but to only two of Azizi’s discovery sets.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

DEBRA K. DUNCAN VS RICHARD GRANT, ET AL.

In addition, generally this Court requires an informal discovery conference before hearing motions to compel further discovery and motions to quash where one of the parties objects to the subpoena. In the future, the parties are to meet and confer by phone call and then schedule an IDC before filing these types of discovery motions.

  • Hearing

    Jul 09, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

YANCE GOMEZ ET AL VS FCA US LLC

Order, $22.30 for Notice of Ruling on Ex Parte Application, and $11.16 for Notice of Cancellation of Informal Discovery Conference. Code of Civil Procedure section 1033.5 expressly allows the prevailing party to recover these costs. (Code Civ. Proc., § 1033.5, subd. (a)(1).)

  • Hearing

    Jul 09, 2020

SANCHEZ-URQUIZA VS NISSAN NORTH AMERICA

The Court strongly reminds the parties that they can always return to court by a request for an informal discovery conference if the date for completion needs to be modified or the parties are unable to agree on a date for the deposition. Categories of Inquiry The motion also seeks to confirm the categories of inquiry and document requests included as part of the notice of taking deposition.

  • Hearing

    Jul 07, 2020

FATIMA PATRICIA CISNEROS DE MANCIA ET AL VS GARY TAGLYAN ET

This court requires an informal discovery conference prior to the filing of discovery motions to resolve any issues the parties are unable to resolve on their own. (See Code Civ. Proc., § 2016.080, subd. (a). The parties have not participated in an IDC in this action. All nine motions to quash are continued to October 27, 2020.

  • Hearing

    Jul 06, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

N B, ET AL. VS BURBANK UNIFIED SCHOOL DISTRICT, ET AL.

DISCUSSION Pursuant to the stipulation reached at the March 3, 2020 Informal Discovery Conference, Defendant Burbank Unified School District (BUSD) is to produce all potentially responsive documents to the court for the court to review in camera. BUSD will Bates-stamp the production. The court will then review the production and will rule on which, if any, of the documents will be ordered to be produced to Plaintiff’s counsel.

  • Hearing

    Jul 06, 2020

  • County

    Los Angeles County, CA

ANDREW YONG AHN VS VOLUMECOCOMO APPAREL INC ET AL

In each opposition, Plaintiff argues that Chang’s motions were premature because the parties did not participate in an Informal Discovery Conference (“IDC”), as the Court suggested, which would have resulted in the March 16 and March 17 document production by Entity Defendants to occur sooner. (Second SI-Opposition, pg. 8; RFP-Opposition, pg. 6, fn. 1.)

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ROUGHAN & ASSOCIATES AT LINC, INC., A CALIFORNIA CORPORATION VS DEBORAH PERLMAN

The Court orders the parties to attend an informal discovery conference prior to ruling on these motions. (See Department 34 Trial Orders, part VII(B).) The Court orders the parties contact Department 34’s judicial assistant, Reyna Navarro, at (213) 633-0154 to schedule this informal discovery conference. Plaintiff’s motion to seal is DENIED. Defendants’ three motions to seal are DENIED.

  • Hearing

    Jul 06, 2020

MORETTI V. BRISBIN

Motion to Compel Further Responses to Form Interrogatories Informal Discovery Conference set for 7/9/20 – This motion is continued on the Court’s own motion to 8/3/2020 at 1:30 p.m.

  • Hearing

    Jul 06, 2020

ROUGHAN & ASSOCIATES AT LINC, INC., A CALIFORNIA CORPORATION VS DEBORAH PERLMAN

The Court orders the parties to attend an informal discovery conference prior to ruling on these motions. (See Department 34 Trial Orders, part VII(B).) The Court orders the parties contact Department 34’s judicial assistant, Reyna Navarro, at (213) 633-0154 to schedule this informal discovery conference. Plaintiff’s motion to seal is DENIED. Defendants’ three motions to seal are DENIED.

  • Hearing

    Jul 06, 2020

FATIMA PATRICIA CISNEROS DE MANCIA ET AL VS GARY TAGLYAN ET

This court requires an informal discovery conference prior to the filing of discovery motions to resolve any issues the parties are unable to resolve on their own. (See Code Civ. Proc., § 2016.080, subd. (a).) The parties have not participated in an IDC in this action. All nine motions to quash are continued to October 27, 2020.

  • Hearing

    Jul 06, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

JULIA NACHMAN VS CITIGROUP GLOBAL MARKETS INC., ET AL.

The Court orders the parties to attend an informal discovery conference prior to ruling on these motions. (See Department 34 Trial Orders, part VII(B).) The Court orders the parties contact Department 34’s judicial assistant, Reyna Navarro, at (213) 633-0154 to schedule this informal discovery conference.

  • Hearing

    Jul 06, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

RONALD WILLIAMS VS MELANIE CASE

Before a hearing may be held on a motion to compel further response to written discovery, the moving party must first seek an Informal Discovery Conference with the court. (See Standing Order Re: Personal Injury Procedures, Central District, ¶¶ 12-13, effective 9/26/2019.) The court’s file does not indicate that the Plaintiff requested an IDC with the Court or that the parties participated in an IDC prior to the hearing date. The court notes that Mr. Mendoza’s declaration states that Mr.

  • Hearing

    Jul 02, 2020

MARIA JULIA VILLATORO MACHADO, ET AL. VS FCA US LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

The parties are reminded that this court requires an informal discovery conference prior to the filing of discovery motions to resolve any issues the parties are unable to resolve on their own. (See Code Civ. Proc., § 2016.080, subd. (a).) After the filing of this motion, on May 28, 2020, defendant served supplemental responses to plaintiffs’ request for production, which renders this motion moot with respect to requests 30-33.

  • Hearing

    Jul 02, 2020

  • Type

    Contract

  • Sub Type

    Breach

RICARDO SANDOVAL, ET AL. VS NISSAN NORTH AMERICA, INC.

The parties are reminded that this court requires an informal discovery conference prior to the filing of discovery motions to resolve any issues the parties are unable to resolve on their own. (See Code Civ. Proc., § 2016.080, subd. (a).) Nonetheless, the court has addressed the motion on the merits and trusts counsel’s behavior moving forward in this litigation will be guided by these comments.

  • Hearing

    Jul 01, 2020

KING VS GORDON

The court orders that before filing any future discovery motions that require a meet-and-confer declaration under CCP 2016.040, the parties must first schedule an informal discovery conference (IDC) under CCP 2016.080. The court will toll any deadline for the discovery motion until after the IDC.

  • Hearing

    Jul 01, 2020

ANTONE NINO AND NASRIN SHAKERI NINO, A PARTNERSHIP VS NASRIN SHAKERI NINO, INDIVIDUALLY, AND AS GENERAL PARTNER, ETC., ET AL.

The Court orders the parties to attend an informal discovery conference prior to ruling on these motions. (See Department 34 Trial Orders, part VII(B).) The Court orders the parties to contact Department 34’s judicial assistant, Reyna Navarro, at (213) 633-0154 to schedule this informal discovery conference.

  • Hearing

    Jul 01, 2020

  • Type

    Real Property

  • Sub Type

    other

KELLY CHING, ET AL. VS ST. GEORGE AUTO GROUP (D.B.A. STG AUTO GROUP, A.K.A. STG AUTO AUCTION INC.)., A CALIFORNIA CORPORATION,

Discussion As an initial matter, the Court notes that the parties participated in an informal discovery conference (“IDC”) on March 6, 2020, where the parties stipulated to the following: “Plaintiff will serve a subpoena for the deposition of Nabeel, which subpoena will be personally served on Nabeel. Prior to issuing said subpoena, Plaintiff’s counsel will meet and confer with Defendant’s counsel on available dates.

  • Hearing

    Jun 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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