Discovery
				Introduction
				Purpose of Discovery

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California Discovery 
INTRODUCTION
Purpose of Discovery

California Discovery 
INTRODUCTION

2. Purpose of Discovery:

The purpose of discovery is take the surprise and gamesmanship out of litigation.
It the attempt to eliminate the "I GOTCHA" strategy and surprise; at
least in theory and philosophy. Discovery, however tedious, is an important
tool for defining the issues of a civil case and preparing that case for trial.
See  excellent Article by  Vincent DiCarlo A Law CorporationPractical Discovery Strategy

The pleadings that are filed with the court at the beginning of the
lawsuit by the plaintiff(s) and defenant(s) give only general notice
of the nature of the plaintiff's claim and the defendant's defenses.
While defective claims and defenses can be eliminated at the
pleading stage of a lawsuit, such as by demurrer, and motion to strike,
the court nevertheless expects the parties to determine the nature
and scope of the factual disputes to be decided at trial through the
use of discovery. See Article  The Sharp Teeth of the Civil Discovery Act:
Section 2023 Sanctions By  Alan C. Campbell 

The California Supreme Court explained the purposes of the act in
Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 376 [15
Cal.Rptr. 909]:   Greyhound Corp. v. Superior Court , 56 Cal.2d 355
[Sac. No. 7274. In Bank. Aug. 3, 1961.-FL] as follows:

(1) to give greater assistance to the parties in ascertaining the
truth and in checking and preventing perjury; (2) to provide an
effective means of detecting and exposing false, fraudulent and
sham claims and defenses; (3) to make available, in a simple,
convenient and inexpensive way, facts which otherwise could not
be proved except with great difficulty; (4) to educate the parties
in advance of trial as to the real value of their claims and
defenses, and thereby encouraging settlements; (5) to expedite
litigation; (6) to safeguard against surprise; (7) to prevent delay;
(8) to simplify and narrow the issues; and (9) to expedite and
facilitate both preparation and trial.

The purpose of the discovery rules is to “enhance the truth-seeking function of
the litigation process and eliminate trial strategies that focus on gamesmanship
and surprise.” (Williams v. Volkswagenwerk Aktiengesellschaft (1986) 180
Cal.App.3d 1244, 1254.) In other words, the discovery process is designed to “
‘make a trial less a game of blindman’s bluff and more a fair contest with the
basic issues and facts disclosed to the fullest practicable extent.’ ” (Greyhound
Corp. v. Superior Court (1961) 56 Cal.2d 355, 376.)Mario R. Juarez v.
Boy Scouts of America, Inc. Filed 5/12/00 CERTIFIED FOR
PARTIAL PUBLICATION*IN THE COURT OF APPEAL OF THE STATE OF
CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO A085271
(Alameda County Super. Ct. No. 767805-5) MARIO R. JUAREZ v. BOY
SCOUTS OF AMERICA, INC.

“An important aspect of legitimate discovery from a defendant’s point of view is
the ascertainment, in advance of trial, of the specific components of plaintiff’s
case so that appropriate preparations can be made to meet them. It is impossible
to discover this other than from the plaintiff.” (Karz v. Karl (1982) 137
Cal.App.3d 637, 650.)Corp. v. Superior Court (1961) 56 Cal.2d 355, 376.)
MARIO R. JUAREZ v. BOY SCOUTS OF AMERICA, INC.
 

    A further purpose is to learn the strengths and weakness of the
opponents case

"One of the prime purposes of the Discovery Act is to expedite the trial
of the action. [6] This purpose will be defeated if appellate courts entertain
petitions for prerogative writs by which a review of the orders of trial
courts in discovery proceedings are sought and which do not clearly demonstrate
an abuse of discretion by the trial court where discovery is denied, or a violation
of privilege or of the provisions of section 19 of article I of the Constitution of this
state where discovery is granted. This court will hereafter refuse to entertain
petitions for prerogative writs in discovery matters which do not allege facts which
would entitle the petitioner to the relief sought under the principles we have set forth."
West Pico Furniture Co. v. Superior Court , 56 Cal.2d 407,  Aug. 3, 1961.]
West Pico Furniture Co. v. Superior Court , 56 Cal.2d 407[L. A. No. 26171.
In Bank. Aug. 3, 1961.]  
 

[Topic Continued] In Glenfed Development Corp. v. Superior Court (National
Union Fire Ins. Co. of Pittsburgh, Pa.) (1997) 53 Cal.App.4th 1113
the court stated . . .

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