Judge: David A. Hoffer, Case: 30-2021-1195670, Date: 2022-09-12 Tentative Ruling

The motion of defendant ARC, LLC, for an order granting relief from waiver under Code of Civil Procedure sections 2030.290 and 2031.300 is DENIED. 

Defendant ARC, LLC moves for an order for relief from waiver under Code of Civil Procedure sections 2030.290 and 2031.300.  Specifically, by not serving the responses to the first sets of form interrogatories and requests for production of documents, the moving party waived both of the following

·        “any right to exercise the option to produce writings under Section 2030.230 [in responding to the set of interrogatories], as well as any objection to the interrogatories, including one based on privilege or on the protection for work product”

·        “any objection to the demand, including one based on privilege or on the protection for work product” in responding to the set of requests for production

Under both code sections, the Court, on motion, may relieve the party of the particular waiver only if it determines that the party has subsequently served a response that is in compliance with the Code sections governing responses to interrogatories and requests for production and that the party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable mistake. 

The responses were due on Monday, April 4, 2022, but not served until Thursday, April 7, 2022.  Defense counsel attests both that he obtained an extension of time through April 4, 2022 to respond to the form interrogatories and requests for production, which was confirmed in an email, and that he “inadvertently caused our office to calendar the response date as April 7, 2022, instead of April 4, 2022.”  However, he does not give any specifics.

Furthermore, both responses contain nothing but boilerplate objections.  Although defense counsel attests that he could not obtain substantive information from his client due to a “breakdown” in communications and new counsel replaced him after the Court granted a motion for relief from representation, no code-compliant responses have been served.

Thus, the requirements of sections 2030.290 and 2031.300 are not met and the motion is denied.

Plaintiff is ordered to give notice of this ruling.