Katherine Gallo, Esq. – Law Offices of Katherine Gallo


San Francisco Bay Area, CA, United States

  • 650-571-1011

Is it Time To Appoint a Discovery Referee?

Last November I received the following e-mail: Since courts are so overwhelmed and setting dates for hearing is now running 6 months or longer, how does one do motions to compel further responses to interrogatories in a…more
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DISCOVERY PLAN PART 3--Are You Ready for Mediation?

In many cases mediation is the most cost-efficient and effective method of resolving a case. Often, litigants can save a lot of money and time when mediation is held after first tier discovery has been completed, once the core…more
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Plaintiff's Rights Regarding an Independent Medical Examination

When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to…more
| Civil Procedure, Personal Injury, Products Liability, Professional Malpractice, Toxic Torts

I've Got This Doctor You Gotta See!

In most personal injury actions the plaintiff is served with a Notice for an Independent Medical Examination. It has become so commonplace that no one really thinks twice about the demand. However, there are a few requirements…more
| Civil Procedure, Personal Injury, Products Liability, Toxic Torts

Construction Attorneys--You Can Now Check the Box!!

I am pleased to report that the California Judicial Council has approved for use Form Interrogatories--Construction Litigation (form DISC-005). The approved form will be on the Judicial Council website at…more
| Civil Procedure, Construction Law, Electronic Discovery, Real Estate - Commercial, Real Estate - Residential

COITO v. SUPERIOR COURT--Is It Heading Back to the Supreme Court?

On August 14, 2012, Judge William A. Mayhew of Stanislaw Superior Court issued his Notice of Hearing on Issues Re Remand in the case of Debra Coito v. State of California. The order requested that the following issues to be…more
| Civil Procedure, Electronic Discovery, Personal Injury, Products Liability, Toxic Torts

Acted With Substantial Justification

Just wondering, but what does the phrase "acted with substantial justification" mean in the sanctions statute for motion to compel depo testimony, CCP 2025.480 (pdf)? Does it mean the conduct that led the moving party to make…more
| Civil Procedure, Constitutional Law, Electronic Discovery, Personal Injury, Products Liability

All Answers Remain the Same

A party should use supplemental interrogatories and demands in an efficient and effective manner. They should be sent at least once a year and no later then 90 days before trial. The responses you obtain should direct you on…more
| Civil Procedure, Construction Law, Electronic Discovery, Personal Injury, Products Liability

YOU NEED TO FILE A MOTION FOR PROTECTIVE ORDER!!

Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each of…more
| Civil Procedure, Construction Law, Electronic Discovery, Personal Injury, Professional Malpractice

Construction Attorneys--It Is Time to Check the Box!!

Five years, twenty drafts and hundreds and hundreds of non-billed attorneys later, the Civil and Small Claims Committee of the Judicial Council is recommending the Form Interrogatories - Construction Litigation be adopted and…more
| Civil Procedure, Construction Law, Insurance, Real Estate - Commercial, Real Estate - Residential

Save Time, Money & Angst -- MEET and CONFER

The purpose of the “meet and confer” requirements set forth in C.C.P. §§ 25.450(b)(2)), 2025.480, 2030.300(b), 2031.310(b), 2032.250 and 2033.290 was for the lawyers to revisit their position, in good faith discuss a resolution…more
| Civil Procedure, Construction Law, Electronic Discovery, Personal Injury, Toxic Torts

Am I Naïve to Think Something Should Be Done?

What do you do when you are being out muscled by a party who has deep pockets and a lawyer who's intent is to abuse the discovery process and run up his bills. ANSWER--GET THE COURT INVOLVED!!…more
| Civil Procedure, Construction Law, Electronic Discovery, Personal Injury, Toxic Torts

The Document From Hell--AKA The "Privilege Log"

In responding to Requests for Production of documents you have three response choices (1) agree to produce (C.C.P. §2031.220); (2) state that after a diligent search and a reasonable inquiry you have no documents (C.C.P…more
| Civil Procedure, Construction Law, Electronic Discovery, Personal Injury, Products Liability

Quoting Shakespeare

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 brought a smile to my face when I read the passage as I realized how…more
| Civil Procedure, Construction Law, Electronic Discovery, Personal Injury, Products Liability

INSPECTION DEMANDS-What is a Reasonable Inquiry?

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…more
| Civil Procedure, Construction Law, Electronic Discovery, Personal Injury, Products Liability
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Litigation
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