California, United States of America
The following excerpt is from Stewart v. Colonial Western Agency, Inc., 105 Cal.Rptr.2d 115, 87 Cal.App.4th 1006 (Cal. App. 2001):
"A determination of whether an attempt at informal resolution is adequate . . . involves the exercise of discretion. The level of effort at informal resolution which satisfies the 'reasonable and good faith attempt' standard depends upon the circumstances. In a larger, more complex discovery context, a greater effort at informal resolution may be warranted. In a simpler, or more narrowly focused case, a more modest effort may suffice. The history of the litigation, the nature of the interaction between counsel, the nature of the issues, the type and scope of discovery requested, the prospects for success and other similar factors can be relevant. Judges have broad powers and responsibility to determine what measure and procedures are appropriate in varying circumstances." (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) "A trial judge's perceptions on such matters, inherently factual in nature at least in part, must not be lightly disturbed." (Ibid.)
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