[FIRM LETTERHEAD OR CAPTION BLOCK]
[DATE]
[Opposing Counsel Name]
[Law Firm]
[Address]
Via [Email/ECF/Overnight Mail]
Re: [Case Name], [Court], Case No. [Number] - Discovery Deficiency Meet-and-Confer
Counsel:
We write pursuant to California Code of Civil Procedure § 2016.040 (meet-and-confer requirement) to address deficiencies in your [responses/production] served on [DATE]. This letter satisfies the statutory prerequisite before filing a motion to compel under CCP §§ 2030.300, 2031.310, or 2033.290.
California Discovery Rules - Key Citations
- Response deadlines: 30 days from service (CCP § 2030.260, § 2031.260); +5 days if served by mail within CA (CCP § 1013)
- Interrogatory limit: 35 specially prepared interrogatories without leave (CCP § 2030.030); unlimited form interrogatories
- Motion to compel deadline: 45 days after service of response, or waived (CCP § 2030.300(c), § 2031.310(c))
- Sanctions: Mandatory unless substantial justification shown (CCP § 2023.030)
- Good faith meet-and-confer: Required before any discovery motion (CCP § 2016.040)
Specific Deficiencies and Requested Cures
| No. | Request/Topic | Deficiency | Requested Cure | Deadline |
|---|---|---|---|---|
| 1 | [RFP No. __/Interrogatory No. __] | [e.g., meritless objections without Code-compliant response; failure to produce documents or provide privilege log per CCP § 2031.240] | [e.g., provide Code-compliant verified response; produce responsive documents; provide privilege log] | [Date - within 45-day motion deadline] |
| 2 |
Additional Issues
- Privilege log (CCP § 2031.240(c)(1)): [not provided/incomplete]; California requires sufficient information to evaluate each privilege claim—please provide by [DATE] with document date, author, recipients, privilege type (attorney-client/work product), and description.
- Verification: [Responses not verified per CCP § 2030.250 / § 2031.250]; unverified responses are tantamount to no response.
- ESI/formatting (CCP § 2031.280(d)): [missing metadata/native format]; please re-produce in [reasonably usable form/native format with metadata].
- Protective order/clawback (Evid. Code § 912(b)): [status]; propose to file stipulated protective order by [DATE].
California-Specific Sanctions Warning
Under CCP § 2023.010 and § 2023.030, the court must impose monetary sanctions against the losing party on any motion to compel unless it finds substantial justification or other circumstances make sanctions unjust. This includes attorney's fees incurred in bringing the motion and preparing this meet-and-confer correspondence.
Proposed Path to Resolution
- Meet-and-confer availability (per CCP § 2016.040): [3 date/time windows] (Pacific Time). We are prepared to meet telephonically or in person.
- We propose resolving without court intervention if you confirm supplemental responses/production by [DATE].
- If unresolved by [DATE], we will file a motion to compel and seek sanctions including attorney's fees for this correspondence.
- Note: The 45-day deadline to move to compel runs from the date of service of your response (CCP § 2030.300(c)).
Preservation Reminder
Please confirm litigation holds remain in place for email, text messages, Slack/Teams, shared drives, cloud storage (including personal accounts used for business), and any custodian-specific data sources relevant to the disputed requests.
We look forward to your prompt response.
Sincerely,
______________________________
[Attorney Name]
[Law Firm]
Counsel for [Party]