Judge Colin Leis, Case 21STCV34950 2023-02-03 Tentative Ruling

Judge: Colin Leis, Case: 21STCV34950, Date: 2023-02-03 Tentative Ruling

Case Number: 21STCV34950 Hearing Date: February 3, 2023 Dept: 74

Yerkanyan v Aston Martin Lagonda North et al. 21STCV34950

Plaintiff’s Unopposed Motion filed October 6, 2022 for Relief from Waiver of Discovery Objections

Code of Civil Procedure sections 2030.290, 2031.300, and 2033.280 state that an untimely discovery response results in waiver of objections. Those statutes further state, however, that a court may relieve a party from waiver if the party satisfies two conditions: (1) the party serves (belated) responses in substantial compliance with the relevant code sections; and, (2) the party shows that its failure to serve timely responses was the result of mistake, inadvertence, or excusable neglect. (CCP § 2031.300(a).) Plaintiff satisfies both conditions. Accordingly, the court grants Plaintiff’s motion and deems Plaintiff’s objections not waived.