Recent Articles

Am I Naïve to Think Something Should Be Done?

Katherine Gallo
February 27, 2012 18:00

Last week I received the following e-mail from one of my readers: I have read your articles with interest and respect for some time now; I find them excellent plus. I have a friend who is acting pro per in a civil case. Suffice it to say she can't afford or get an attorney. Opposing counsel has...

Don't Get Intimidated and Play by the Rules

Katherine Gallo
February 14, 2012 19:15

Today I read a great article by Minnesota attorney Randall Ryder titled "New Attorney? Don’t Get Intimidated by Opposing Counsel."  The article struck a cord with me as it is a proponent of the same philosophy that I am advocating in my own blog—don’t be intimidated by a...

The Document from Hell--aka The "Privilege Log"

Katherine Gallo
January 31, 2012 19:59

In responding to Requests for Production of documents you have three response choices  (1) agree to produce (C.C.P. §2031.220 (pdf)); (2) state that after a diligent search and a reasonable inquiry you have no documents (C.C.P. §2031.230 (pdf)) or (3) object C.C.P. §2031.240...

Quoting Shakespeare

Katherine Gallo
January 12, 2012 19:37

Last spring I had the pleasure of taking a tour of the Royal Globe Theatre in London, England.  On display there was a plaque titled “Quoting Shakespeare.” It began by stating: IF YOU CANNOT UNDERSTAND MY ARGUMENT AND DECLARE, “it’s Greek to me, you are quoting...

INSPECTION DEMANDS-What is a Reasonable Inquiry?

Katherine Gallo
December 13, 2011 19:31

To determine whether or not a responding party has made a reasonable inquiry, you must determine where the responding party searched (what efforts were made), who did they talk to (did they make an inquiry to their legal department, human resources, customer relations, the employees in the chain...

INSPECTION DEMANDS-What is a Diligent Search

Katherine Gallo
November 08, 2011 17:00

Have you ever received a response to requests for production of documents that says: After a diligent search and a reasonable inquiry has been made in an effort to comply with this Request, there are no documents within RESPONDING PARTY’s possession, custody, or control Yet you question...

Litigate like an Egyptian

Katherine Gallo
September 28, 2011 17:30

You are now sitting down to organize your Discovery Plan and determining what discovery you need to evaluate your case, prepare for mediation, file a motion for motion for summary judgment/summary adjudication and/or get it ready for trial. But where do you start? My suggestion is to litigate like...

"I DECLARE, IT IS NECESSARY"

Katherine Gallo
August 31, 2011 18:00

As every lawyer is aware, a party may propound more than 35 specially prepared interrogatories or requests for admissions simply by attaching a Declaration of Necessity (pdf) pursuant to C.C.P. §2030.040 (pdf) and  C.C.P. §2033.040 (pdf) stating the reasons why they...

Give Me All Your Documents!

Katherine Gallo
July 26, 2011 19:45

I recently reviewed a case management order in a complex construction case venued in Southern California.  The order required all parties to produce: Any and all relevant non-privileged and non-protected documents (consistent with California Evidence Code Section 250), including but...

Will You Join Me in the Gutter?

Katherine Gallo
June 28, 2011 19:30

Growing up in an Italian household, our dinners consisted of salad, pasta, wine and an argument. Afterwards we all went out for ice cream with no thoughts of the argument that took place at the dinner table. That is because we thought of arguments as a sport and there was no reason to hold any...