Judge: David A. Hoffer, Case: 30-2019-1096224, Date: 2022-11-07 Tentative Ruling

The motion by Sea Bluff Canyon Village Homeowners Association (HOA) for relief from waiver of discovery objections is GRANTED.

Code of Civil Procedure §§ 2030.290, 2031.300, and 2033.280 contain provisions for a waiver of objections when a party fails to serve timely objections.  These code sections also allow for relief from any waiver when (1) The party has subsequently served a response that is in substantial compliance and the party establishes that (2) the failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.  Code of Civil Procedure §§2030.300(c), 2031.310(c)  2033.290(c) require a party who believes assertion of an objection improper to file a motion within 45 days of service of the verified discovery responses.

Here, the HOA appears to have served verified supplemental responses that are in substantial compliance with the code, thus satisfying the first prong.  The motion states that the reason for serving late responses was due to mistake, inadvertence and excusable neglect.  The motion states that HOA’s corporate status was suspended by the Secretary of State and therefore could not participate in discovery.  The motion sets forth facts that the reason for the suspension was due to a mistake and that it acted diligently thereafter to get reinstated.  While the court is concerned that this explanation was not contained in a signed declaration, the court will exercise its inherent powers to accept the explanation in this case.  New Albertsons Inc. v. Superior Court (2008) 168 Cal.App.4^th 1403, 1431.  Thus, the motion meets the requirements of the code and is, therefore, granted. 

The moving party is ordered to give notice of this ruling.