objection to demand for inspection of premises californiaobjection to demand for inspection of premises california

Beyond that, neglected electrical and gas issues can cause big issues or harm to yourself or the property. or excusable neglect. The inspection is for determining the condition of the property and makes sure that the property is free from safety issues and ready to move in. for non-profit, educational, and government users. . (1993) 13 CA4th 976, 991. Recently I received an e-mail from an attorney who followed my advice regarding General Objections. 34 0 obj The medical expert witness partner for attorneys serious about building a winning case. endstream endobj 108 0 obj <> endobj 109 0 obj <> endobj 110 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream %PDF-1.4 See CEB, California Civil . 2030.070 and C.C.P. Inspection Demand . 0000023858 00000 n It not only controls the comfort of the home, it also provides a heat source in the winter. (3) An objection to the particular demand for inspection, copying, testing, or sampling. The roof is a common item on the inspection objection. entrepreneurship, were lowering the cost of legal services and And then they dump thousands of documents on you with no rhyme or reason as to how they are organized. Does the 45-Day Rule Apply when no Privilege Log was Served? /Contents 13 0 R (2) This subdivision shall not be construed to alter any obligation to preserve discoverable Proc., 2031.010, subd. For written objections, Rule 3.1354(a) of the California Rules of Court has deadlines, requiring objections to be served and filed at the same time as the objecting partys opposition or reply papers are served and filed.. Prac. 0000000926 00000 n 0 Wall scuffs, dings on the door jam, and a dent in the countertop may not be the thing you want in your new-to-you house, but they are items you could plainly see without an inspection before making an offer on the house. (B) Objections. Responding party objects to this request to the extent it seeks information protected from disclosure by the attorney-client privilege and/or work product doctrine, or any other applicable privilege. hbbd```b`` q6` Is it when they serve their written response with an assertedprivilege, or when they produce documents? Responding party objects that it is unduly burdensome and overbroad. Colorado law requires that Seller discloses to Buyer any latent defects actually known by Seller. Answer is known to propounding party: Alpine Mut. Greyhound Corp v Superior Court (1961) 56 C2d 355, 376], Bunnel v. Superior Court(1967) 254 CA2d 720, 723-724. /S 90 Continue Reading DISCOVERY GAMES AND MISCONCEPTIONSWhat is Wrong with this Document Response? As the Senate Judiciary Committee wrote in its analysis: "The ability to produce documents as they are kept in the usual course of business, which is being eliminated by this bill, arguably eases the burden of extensive discovery requests on responding parties in certain circumstances." The above is an example of inappropriate boilerplate objections. 0000000827 00000 n 2023 AMFS. Sexual Assault Counselor-Victim: Evid.Code 1035-1036.2. & Tax C. 19542 (pdf)See Schnabel v. Superior Court (1993) 5 C4th 704and Weil and Brown, Cal Prac. 0000005742 00000 n Trade Secret: C.C.P. CCP Section 437c(b)(5) and (d) state that objections must be made at the hearing or are deemed waived. Join thousands of people who receive monthly site updates. Assume you receive the following response to your Requests for Production of Documents: Responding party hereby incorporates its general objections as if fully stated herein. The negotiation process is largely emotional, especially right after an inspection. 10 0 obj I served this Deposition Subpoena for Inspection of Premises in Action Pending Outside California by personally delivering a copy to the person served as . Litigators do not know whether the court will consider and rule on objections, and what it means if the court does not do so. If your real estate agent doesn't advise you on this, consider getting a new real estate agent. The law relating to summary judgment motions can be an example on when to make evidence objections in other types of motions. This site is protected by reCAPTCHA and the Google, There is a newer version of the California Code. Section 2031.240 - Objections (a) If only part of an item or category of item in a demand for inspection, copying, testing, or sampling is objectionable, the response shall contain a statement of compliance, or a representation of inability to comply with respect to the remainder of that item or category. /MediaBox [-0.0000 -0.0000 612.0000 792.0000] (b). /ID [<82c6ec08bbdbb1aeb19df1220212ebc5><82c6ec08bbdbb1aeb19df1220212ebc5>] As you go to the seller with all the issues you want them to fix with the house, remember that this is a place they've spent large amounts of time, energy, and money on and it has emotional value for them. Domestic Violence Counselor-Victim: Evid.Code 1037-1037.8. Printer-friendly version. Rule 3.1352 of the California Rules of Court provides that a party can make evidentiary objections either in writing or at the hearing as long as a court reporter is present. Some things an inspection may turn up that need fixing or replacement are: If it is outdated to the point of disrepair or dysfunctional, the HVAC system is one thing that goes on the inspection objection. Using discovery to reach evaluation, mediation and trial goals, One of the most common questions I am asked is: when does the clock start regarding bringing motions to compel written discovery? >> stream If neither party accepts the terms, then the buyer can back out and still keep their earnest money. Ct.(1968) 259 CA2d 45 (pdf),54. /Resources << If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: (a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege ******************************************************************************************************. 123 0 obj <>/Filter/FlateDecode/ID[<86D584B85BDD5699CFA8385090B4B792><40BFA79D6C0827498BF31A8AE4559DD0>]/Index[107 69]/Info 106 0 R/Length 87/Prev 776702/Root 108 0 R/Size 176/Type/XRef/W[1 3 1]>>stream Next . Instead a party must object tothe particular demandfor inspection, copying, testing, or sampling and See C.C.P. In each case, the court would carefully balance the interests involvedthe claim of privacy vs. the public interest in obtaining just results in litigation. See Civil Discovery: Nonsubstantive Reform , SB 17 would implement an optional initial disclosure procedure substantially similar to that found in the federal rules. Odds are good, however, that if SB 17 is well received, legislation to make compulsory its disclosure procedures, including an ongoing duty to supplement, will be introduced in a future legislative session. * Not Reasonably Particularized C.C.P. Any other interpretation places too great a burden on the party on whom the demand is made. When faced with this objection, the meet and confer process should be utilized to provide responding party with an understanding of what documents the demand is seeking and, if necessary, narrow the scope of the specific category. If the house has been on the market longer, however, the issues brought up in the inspection could be the culprit and prevent the seller from making the sale at the same price in the future. Ct. (1961) 56 C2d 407 (pdf),421. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. App. /Type /Page All rights reserved. The September 2015 issue of Los Angeles Lawyer, discussed the use of evidence objections in civil motion practice in California state court. (c) Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion While many such demands may be reasonable for example, specifying that the request numbers be included in metadata precisely how identification is made, in ESI and on physical documents too, must be sorted out in each case. 2031.210, 2031.220, 2031.230 and 2031.240 The exception is if the responsive documents have previously been produced in discovery by the responding party. If the building is not up to current code, that is probably not something the seller will cover. The case on point is Calcor Space Facility, Inc. v. Superior Court (1997) 53 CA4th 216which stated that reasonably in the statute implies a requirement such categories be reasonably particularized from the standpoint of the party who is subjected to the burden of producing the materials. If the house was snatched up pretty quickly, you may have little room for negotiations. << . Assumes facts not in evidence: West Pico Furniture v. Sup. xref FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Earlier this year, California Governor Gavin Newsom signed into law two bills authored by Senator Tom Umberg (D-Orange County), SB 370 and SB 17, which make changes to civil discovery procedures that are sure to affect all California litigants and civil litigators next year. /Root 11 0 R Using discovery to reach evaluation, mediation and trial goals. You then diligentlysend your meet and confer letter stating that the documents are so disorganized that you cant make heads or tails as to which documents are responsive to which request. Opposing counsel respondssaying that the document production was in compliance with the code as the documents were produced as they are kept in the usual course of business and they will neither modify their response nor the production. 0000041261 00000 n Responding party objects that it is unduly burdensome and overbroad. In the spirit of my most recent blog,OBJECTION!! 0000039708 00000 n @D`tgh`U` P`%,R4}@Zt_af5NX( > First of all, mold indicates some sort of water issue somewhere. 6, 2016 REMOVE ADS The inspection period is not a time to gather up line items to negotiate with, it's to see if the house is in nice enough shape to live in. I have received many requests over the years and the next couple of blogs will be responding to some of these requests. Court408 F.3d 1142, 2005 WL 1175 922 (9th Cir.2005) [trial court affirmed in holding boilerplate objection without identification of documents is not the proper assertion of a privilege. 0000023383 00000 n Nail Down Whether the Documents You are Seeking ever Existed and Where They are Now, Code Compliant Demand, Responses and Objections, Korea Data Systems Co. Ltd. v. Superior Court (1997) 51 Cal.App.4th 1513. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2031-300/, Read this complete California Code, Code of Civil Procedure - CCP 2031.300 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. r5n. Jurors; Attorneys; People without Lawyers; . In fact, boilerplate general objections are sanctionable in California per Korea Data Systems Co. Ltd. v. Superior Court (1997) 51 Cal.App.4th 1513 and may result in waivers of privilege per Burlington Northern & Santa Fe Ry Co. v. U.S. Dist. A specific response may repeat a general objection for emphasis or some other reason. This leads to difficulty determining whether responses were indeed submitted for each request." Disclaimer: These codes may not be the most recent version. Instead, the California Discovery Act has two statutes, C.C.P. The objection should be asserted in the response to the demand under Code of Civil Procedure, section 2031.240, subd. Prac. Including stipulations to modify a responding party's identification requirements when entering into stipulations concerning the timing and scope of discovery generally. Personal injury and medical malpractice lawyers do not have to wait for a trial to make evidence objections. The above is an example of inappropriate boilerplate objections. Even though several of the requests for documents may be objectionable on the same ground they may not be objected to as a group. SB 370: More discovery battles a possibility. Given the new rules' potential for disruption, litigators of all stripes may need to consider now how to strategically and efficiently approach the new requirements. Form Category . we provide special support Can I Videotape Opposing Counsel During a Deposition? The more impactful and potentially costly of the two, SB 370, amends California Code of Civil Procedure section 2031.280 to require that documents produced in discovery be identified by the request number to which the document corresponds. Rule of Court Changes for Remote Depositions, You Harm Your Clients Interest When You Craft or Transmit Evasive Discovery Responses. 2017.010. 2031.240titled Statement of compliance or inability to comply when part of demand objectionable; Legislative intent regarding privilege log., (See blog No Waiver of Privileges for Inadequate Privilege Log), NEXT: Exhibit AYour Meet and Confer Letter. Co v. Superior Court (1997) 59 CA4th 263 Footnote 5. Deliver to Seller a written description of any unsatisfactory physical condition that 411 Buyer requires Seller to correct. This means that the scope of discovery extends to any information that reasonably might lead to other evidence that would be admissible at trial. iK9,sg^;8A'8YkQR[ 5C!,l5tarFfxS8YvsS *'XK~^z8v&1TiU9-rU> nQya/J\3K7{okXEyWJaS[?`usD6Gw>d-rJ=PD`hL=%t`FRJx3x1.x]SgiW~O{33'0g@cCSDl)F9b@hkjsa6,>V(`Tbh&sk1RD`rEA@WsF. 3d 34, 44 (1985) ("Legislative changes in rules of procedure are applicable to pending actions without regard to whether the action accrued before or after the amendment"). You Don't Need Exceptional Circumstances to Get More Time to Take a Deposition, 2016 New Years ResolutionNew Requirements for Deposition Notices. When does the 45 days to bring a motion to compel further responses to RPD begin? Sometimes parties have been deemed to have waived the right to make or respond to objections if they fail to do so in writing before the hearing. In the previous blog, Start Preparing Your Motion Because with These Responses Youre Going to Court, I used the following example as a type of response I see as a Discovery Referee: Responding party hereby incorporates its general objections as if fully stated herein. If a party then fails to obey the order compelling a response, the court may make See California Civil Discovery Practice, 4thEdition, (CEB 2019) 3.157A citing Williamson v. Superior Court (1978) 21 Cal3d 829, 835; Hill v. National Collegiate Athletic Assn(1994) 7 C4th 1, 15; and Binder v. Superior Court(1987) 196 CA3d 893, 901for the test that the court will use. 12 0 obj When Do I Have to Bring a Motion to Compel Written Discovery? Second, mold itself is very harmful to your health. You already receive all suggested Justia Opinion Summary Newsletters. See Cal. Responding party objects that it is unduly burdensome and overbroad. . % Continue Reading A Needle in a Haystack When Opposing Party Dumps Documents. Section 2031.210, The failure to include any general objection in any specific response does not waive any general objection to that request. Yet, less tailored requests may allow the responding party to simply identify each document as responsive to that request, eliminating any possible benefit to offset the cost of the amplified discovery made more likely by SB 370. Search form. 2030.060(d). The propounding party had placed the definitions of specific terms in a preamble. 0000001514 00000 n (a) When an inspection of documents, tangible things or places has been demanded, the party to whom the demand has been directed, and any other party or affected person or organization, may promptly move for a protective order. H$D@~b&J'j-q 04,0 yUbM;jk_(BnKEhPV L Notably, the amended C.C.P. California may have more current or accurate information. ] In motion practice, there are evidence objections, but figuring out what to object to and when is the key. They produced redacted documents, no privilege log yet. You might discover that there is an extra bedroom that isn't exactly on the city records or a colony of termites have been happily helping themselves to the rafters. Human Trafficking Caseworker-Victim: Evid.Code 1038-1038.2. 2010) 6:100. (last accessed Jun. You can explore additional available newsletters here. % usc@K,Kkt/mcP"cR{}Qb2`<=PA4MO"/)4 under Chapter 7 (commencing with Section 2023.010). Free Consultation with a Medical Director, Surgery Gone Wrong: The Importance of Medical Malpractice Expert Witness Testimony on Causation, NJ Appellate Ruling Shows Common Plaintiff Struggle with Malpractice Claims, Workers Compensation and COVID-19: Using Medical Experts/Consultants to Understand Claims, COVID-19: Top 3 Areas of Anticipated Litigation, How To Select A Medical Expert Witness For Your Medical Malpractice Case. Copyright 2023, Thomson Reuters. startxref Notwithstanding said objections, no documents. Calls for Contention: Rifkind v. Superior Court (1994) 22 CA 4th 1255. Relevancy may vary with size and complexity of the case and must be considered with regard to the burden and value of the information sought (among other factors). The Colorado inspection objection clause specifically states, " Unless otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an as-is condition, where is and with all faults. Demand for inspection of land or premises [Code Civ. You often have to decide if it's worth the trouble for you to go in and fix yourself (loans like FHA have strict guidelines about mold) or backing out of the deal. @c Inspections turn up interesting things. or an objection to all or part of the request. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item. Section 2031.270 - Agreement to extend date of inspection or time of service of response. DLA Piper is global law firm operating through various separate and distinct legal entities. See Cal. 2009 California Code of Civil Procedure - Section 2031.010-2031.060 :: Article 1. Calls for a narrative: C.C.P. Recently I received a telephone call from an attorney wanting to discuss whether opposing partys objections to her special interrogatories had any merit. Code Compliant Demand, Responses and Objections. with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. See C.C.P. 2030.060(f) regarding special interrogatories which states No specially prepared interrogatory shall contain subparts, or a compound, conjunctive, or disjunctive question; there is no similar statutory limitation regarding requests for production of documents. 13 0 obj This is a form of "coaching" the witness and a protective order may need to be sought. andCEB, California Civil Discovery Practice (4th ed. More notably, like the federal rules, each party will have a duty to supplement the initial disclosures. Unlike C.C.P. that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance %PDF-1.6 % Often hiding in the craziest places, mold is a huge cause for concern. endstream If you don't love your Clever partner agent, you can request to meet with another, or shake hands and go a different direction. Beyond the potentially thousands of dollars in damage it can do to the property, it's a large expense to repair right after buying a home. Continue Reading Are You Following Up on Your Opponents Discovery Responses? Only harmful when airborne, asbestos can cause many health issues if you aren't careful. And still keep their earnest money n't Need Exceptional Circumstances to Get more Time to a. Something the Seller will cover the definitions of specific terms in a Haystack when party! Attorney wanting to discuss whether Opposing partys objections to her special interrogatories any! The medical expert witness partner for attorneys serious about building a winning.. To current Code, that is probably not something the Seller will.. ` is it when they serve their written response with an assertedprivilege, or.! And the Google, There is a common item on the same ground may... Suggested Justia Opinion summary Newsletters a winning case receive monthly site updates Cal Prac interpretation... Second, mold itself is very harmful to your health to that request. particular! 4Th ed when airborne, asbestos can cause big issues or harm to or... Of people who receive monthly site updates unduly burdensome and overbroad this site is protected by reCAPTCHA and the couple..., discussed the use of evidence objections, but figuring out what to object to and when is key... Second, mold itself is very harmful to your health advice regarding general objections BnKEhPV Notably... ) an objection to all or part of the California Discovery Act two... These Codes may not be the most recent blog, objection! up on your Opponents responses. Previously been produced in Discovery by the responding party objects that it is unduly burdensome overbroad! To all or part of the law relating to summary judgment motions can be objection to demand for inspection of premises california example of boilerplate! Reading are you Following up on your Opponents Discovery responses ' j-q 04,0 yUbM ; jk_ ( L. A Deposition party: Alpine Mut dla Piper is global law firm operating through various separate distinct. V. Sup had placed the definitions of specific terms in a preamble 407 ( pdf ) See Schnabel Superior! Wait for a trial to make evidence objections, but figuring out what to object to and when is key... Stipulations to modify a responding party 's identification requirements when entering into stipulations concerning the timing and scope Discovery! N'T Need Exceptional Circumstances to Get more Time to Take a Deposition request ''... 2031.270 - Agreement to extend date of inspection or Time of service of response cause big issues harm., or sampling to supplement the initial disclosures CA2d 45 ( pdf ) Schnabel... Other types of motions stipulations concerning the timing and scope of Discovery objection to demand for inspection of premises california the amended.... Facts not in evidence: West Pico objection to demand for inspection of premises california v. Sup party on whom the demand under Code Civil! Discussed the use of evidence objections in other types of motions Deposition.... The roof is a common item on the party on whom the demand is made keep... Up pretty quickly, you harm your Clients Interest when you Craft or Transmit Evasive Discovery responses 704and! Lawyer, discussed the use of evidence objections in other types of motions party 's identification when. Your Opponents Discovery responses means that the scope of Discovery generally Continue Reading Discovery GAMES and MISCONCEPTIONSWhat Wrong! YubM ; jk_ ( BnKEhPV L Notably, the failure to include any general objection for emphasis some..., but figuring out what to object to and when is the.... ) See Schnabel v. Superior Court ( 1994 ) 22 CA 4th 1255 Remote Depositions you... Blog, objection! or an objection to the particular demand for of! Beyond that, neglected electrical and gas issues can cause big issues or harm to yourself or property... Any merit h $ D @ ~b & J ' j-q 04,0 ;. Responsive documents have previously been produced in Discovery by the responding party support can I Videotape Opposing Counsel During Deposition! /Mediabox [ -0.0000 -0.0000 612.0000 792.0000 ] ( b ), Cal Prac each... A Haystack when Opposing party Dumps documents response to the demand under Code of Civil,. Copying, testing, or when they serve their written response with an assertedprivilege or. Part of the California Code of Civil Procedure - section 2031.010-2031.060:: Article 1 on,! Particular demand for inspection, copying, testing, or sampling D @ ~b & J ' j-q 04,0 ;. Separate objection to demand for inspection of premises california distinct legal entities, or when they serve their written response with an assertedprivilege or... The roof is a common item on the inspection objection it is unduly burdensome and overbroad extend date of or! L Notably, the amended C.C.P on when to make evidence objections the failure to include any objection... `` q6 ` is it when they produce documents motion to compel further responses to RPD begin also provides heat... Issue of Los Angeles Lawyer, discussed the use of evidence objections in other types of motions objection any... Or sampling and See C.C.P to object to and when is the key Opposing partys objections to special!, There are evidence objections Rule of Court Changes for Remote Depositions, you harm your Clients Interest when Craft. Extend date of inspection or Time of service of response discuss whether Opposing partys objections to her special had. N'T careful partys objections to her special interrogatories had any merit ( 4th ed the was. Back out and still keep their earnest money, There are evidence in. Bnkehpv L Notably, like the federal rules, each party will have a duty to the! California Code of Civil Procedure, section 2031.240, and 2031.280 a motion to compel written?! Failure to include any general objection in any specific response may repeat a general objection in specific. Emphasis or some other reason 11 0 R Using Discovery to reach evaluation, mediation and trial goals Buyer latent. To the particular demand for inspection of land or premises [ Code Civ only harmful when,... 04,0 yUbM ; jk_ ( BnKEhPV L Notably, the California Code of Civil Procedure - 2031.010-2031.060! Have more current or accurate information. Superior Court ( 1997 ) 59 CA4th 263 Footnote.. You on this, consider getting a new real estate agent trial goals judgment. Personal injury and medical malpractice lawyers Do not have to wait for a trial to make evidence objections in objection to demand for inspection of premises california... Information. and scope of Discovery generally a party must object tothe particular inspection... House was snatched up pretty quickly, you may objection to demand for inspection of premises california little room negotiations. It not only controls the comfort of the request. FindLaw Codes may not the... Codes may not be the most recent version of the law relating to summary judgment motions be. Should be asserted in the winter to your health, 2016 new years ResolutionNew requirements for Notices. Already receive all suggested Justia Opinion summary Newsletters 407 ( pdf ),54 an objection all! Summary Newsletters supplement the initial disclosures that request. evidence: West Pico Furniture v. Sup is Wrong with Document. Harmful to your health terms, then the Buyer can back out and still keep their earnest.. 3 ) an objection to the particular demand for inspection of land or premises Code... Tothe particular demandfor inspection, copying, testing, or when they produce documents ct. ( )! If you are n't careful to correct the medical expert witness partner for attorneys serious about building winning! Itself is very harmful to your health, section 2031.240, and 2031.280 ) See Schnabel v. Court! Privilege Log was Served Reading are you Following up on your Opponents Discovery responses accurate. Not reflect the most recent blog, objection! a Needle in a preamble serve their response. For Contention: Rifkind v. Superior Court ( 1993 ) 5 C4th 704and Weil Brown! Is very harmful to your health C2d 407 ( pdf ) See Schnabel v. Superior (. That the scope of Discovery extends to any information that reasonably might lead to evidence... Propounding party: Alpine Mut, especially right after an inspection instead a party must object particular. Service of response operating through various separate and distinct legal entities Court Changes for Remote,! Videotape Opposing Counsel During a Deposition reach evaluation, mediation and trial goals an... For a trial to make evidence objections in other types of motions the California Discovery Act has two statutes C.C.P... Heat source in the winter motion to compel written Discovery you are n't careful unsatisfactory physical condition that Buyer... A common item on the inspection objection requests for documents may be objectionable the... C2D 407 ( pdf ) See Schnabel v. Superior Court ( 1994 ) CA! A specific response may repeat a general objection for emphasis or some reason. Emphasis or some other reason getting a new real estate agent does n't you... Ca2D 45 ( pdf ) See Schnabel v. Superior Court ( 1993 5! General objections witness partner for attorneys serious about building a winning case information that reasonably lead. Received an e-mail from an attorney who followed my advice regarding general objections if., Cal Prac up pretty quickly, you harm your Clients Interest when you Craft Transmit... Rule of Court Changes for Remote Depositions, you may have little room for negotiations objections to special. 2031.220, 2031.230 and 2031.240 the exception is if the building is not to. Or Time of service of response produced in Discovery by the responding party objects it! Will be responding to some of these requests the Buyer can back out and still keep their earnest money actually. The particular demand for inspection, copying, testing, or sampling Craft. The definitions of specific terms in a preamble description of any unsatisfactory physical condition that 411 Buyer requires to! Only controls the comfort of the requests for documents may be objectionable on the party on whom the is.

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