Judge: Elaine Lu, Case: 22STCV25716, Date: 2023-03-16 Tentative Ruling

Case Number: 22STCV25716    Hearing Date: March 16, 2023    Dept: 26

Defendants’ improper request for release from waiver of objections in the consolidated opposition is DENIED.  

The “sole remedy for relief from waiver in the context of discovery is contained within the provisions of the [Discovery] Act and [a waiving party] cannot rely upon the provisions of section 473.”  (Scottsdale Ins. Co. v. Superior Court (1997) 59 Cal.App.4th 263, 274–275.)  The Court may only relieve a waiver of untimely objections to discovery requests if, “(1) [t]he party has subsequently served a response that is in substantial compliance … [and] [¶] (2) [t]he party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.”  (CCP § 2030.290(a); CCP § 2031.300(a); CCP § 2033.280(a).)

Defendants have conceded in the consolidated opposition that no responses – let alone a substantially compliant responses – they have not served any response as of the time of the opposition.  Moreover, Defendants fail to provide any authority permitting such a request for relief from waiver without a motion.  The statutes specifically require that relief may only be granted “on motion”.  (CCP § 2030.290(a); CCP § 2031.300(a); CCP § 2033.280(a).)  Therefore, Defendants were required to first provide a substantially compliant response and file a separate motion requesting relief before any relief could be granted.  Accordingly, Defendants’ request for relief from waiver of objections is DENIED. 

For the reasons set forth in the moving and reply papers, Plaintiff Leticia Jacobo’s motions to compel Defendant J.H. Snyder Company’s responses to Request for Production of Documents, Set One, Form Interrogatories – Employment, and Special Interrogatories, Set One are GRANTED.  All objections are deemed waived.

Defendant J.H. Snyder Company is ordered to serve verified, code compliant responses, without objections, to Form Interrogatories – Employment and Special Interrogatories, Set One within 30 days. 

Defendant J.H. Snyder Company is ordered to serve verified, code compliant responses, without objections, to Requests for Production, Set One, within 20 days and to produce all responsive documents within 30 days.

For the reasons set forth in the moving and reply papers, Plaintiff Leticia Jacobo’s motion for an order deeming the Requests for Admissions, Set One admitted by Defendant J.H. Snyder Company is granted pursuant to CCP §2033.280.  The truth of those matters specified in Plaintiff Leticia Jacobo’s Requests for Admissions, Set One, are deemed admitted by Defendant J.H. Snyder Company and are conclusively established against Defendant J.H. Snyder Company for all purposes in this action pursuant to C.C.P. § 2033.280(b) and C.C.P. § 2033.410.

Defendant J.H. Snyder Company and its attorney of record, Jackson Lewis P.C., jointly and severally, are ordered to pay sanctions to Plaintiff Leticia Jacobo, by and through counsel of record, in the amount of $1,110.00, within 30 days.

For the reasons set forth in the moving and reply papers, Plaintiff Leticia Jacobo’s motions to compel Defendant Lon Snyder’s responses to Request for Production of Documents, Set One, Form Interrogatories – General -- are GRANTED.  All objections are deemed waived.

Defendant Lon Snyder is ordered to serve verified, code compliant responses, without objections, to Form Interrogatories – General within 30 days. 

Defendant Lon Snyder is ordered to serve verified, code compliant responses, without objections, to Requests for Production, Set One, within 20 days and to produce all responsive documents within 30 days.

For the reasons set forth in the moving and reply papers, Plaintiff Leticia Jacobo’s motion for an order deeming the Requests for Admissions, Set One admitted by Defendant Lon Snyder is granted pursuant to CCP §2033.280.  The truth of those matters specified in Plaintiff Leticia Jacobo’s Requests for Admissions, Set One, are deemed admitted by Defendant Lon Snyder and are conclusively established against Defendant Lon Snyder for all purposes in this action pursuant to C.C.P. § 2033.280(b) and C.C.P. § 2033.410.

Defendant Lon Snyder and his attorney of record, Jackson Lewis P.C., jointly and severally, are ordered to pay sanctions to Plaintiff Leticia Jacobo, by and through counsel of record, in the amount of $1,110.00, within 30 days.

For the reasons set forth in the moving and reply papers, Plaintiff Leticia Jacobo’s motions to compel Defendant One Museum Square, LLC’s responses to Request for Production of Documents, Set One, Form Interrogatories – Employment, and Special Interrogatories, Set One are GRANTED.  All objections are deemed waived.

Defendant One Museum Square, LLC is ordered to serve verified, code compliant responses, without objections, to Form Interrogatories – Employment and Special Interrogatories, Set One within 30 days. 

Defendant One Museum Square, LLC is ordered to serve verified, code compliant responses, without objections, to Requests for Production, Set One, within 20 days and to produce all responsive documents within 30 days.

For the reasons set forth in the moving and reply papers, Plaintiff Leticia Jacobo’s motion for an order deeming the Requests for Admissions, Set One, admitted by Defendant One Museum Square, LLC is granted pursuant to CCP §2033.280.  The truth of those matters specified in Plaintiff Leticia Jacobo’s Requests for Admissions, Set One, are deemed admitted by Defendant One Museum Square, LLC and are conclusively established against Defendant One Museum Square, LLC for all purposes in this action pursuant to C.C.P. § 2033.280(b) and C.C.P. § 2033.410.

Defendant One Museum Square, LLC and its attorney of record, Jackson Lewis P.C., jointly and severally, are ordered to pay sanctions to Plaintiff Leticia Jacobo, by and through counsel of record, in the amount of $1,110.00, within 30 days.

Moving party to give notice.