What is the test for a motion to compel a party to give evidence in a civil proceeding?

California, United States of America


The following excerpt is from R.M. v. First Lutheran Church, B266389 (Cal. App. 2017):

"It is a central precept to the Civil Discovery Act of 1986 ( 2016 et seq.) . . . that civil discovery be essentially self-executing." (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1434.) To that end, certain motions to compel, including those of the type filed in this case, must be accompanied by a declaration "showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion." ( 2016.040, 2030.300, subd. (b), 2031.310, subd. (b)(2); Townsend v. Superior Court, supra, 61 Cal.App.4th at p. 1435.) A trial court has the discretion to issue monetary sanctions to a party that misuses the discovery process by "[f]ailing to confer . . . in a reasonable and

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