Judge: Elaine W. Mandel, Case: 23SMCV01228, Date: 2023-08-09 Tentative Ruling

Case Number: 23SMCV01228    Hearing Date: August 9, 2023    Dept: P

Tentative Ruling

Tagvoryan v. Volkswagen Group of America, Inc. et al., Case No. 23SMCV01228

Hearing Date August 9, 2023

Defendant’s Motions for Relief from Waiver of Objections and Privilege Claims in Response to Form Interrogatories, Special Interrogatories, Requests for Production of Documents and Requests for Admission

Plaintiff Tagvoryan served written discovery on defendant Volkswagen on May 2, 2023. Volkswagen’s responses were due June 5, 2023. Volkswagen responded two days late (June 7), with verifications sent June 10, 2023. Volkswagen moves for relief from its waiver of objections due to untimely discovery responses.

A court may relieve a party from waiver of objections to discovery requests for failure to timely respond if the moving party shows responses were subsequently served, the responses are in substantial compliance with the statute, and the failure was the result of mistake, inadvertence, or excusable neglect. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403-04; Cal. Code of Civ. Proc. §20233.280.

Volkswagen’s failure to timely respond was due to counsel’s failure to copy her assistant on an email regarding the discovery due date. Davenport declaration ¶¶4-9. Davenport attempted to meet and confer, but did not receive a response from counsel. Davenport declaration ¶17.

Tagvoryan argues this does not constitute “excusable neglect.” The court disagrees. This is a minimal (2 day), non-prejudical mistake under §20233.280. Tagvoryan argues Volkswagen’s responses are not code-compliant but fails to show the objections are meritless. Raising the same objection in response to multiple discovery requests does not constitute improper boilerplate objections. Volkswagen’s responses are substantially code compliant.

In the future, the parties are ordered to meet and confer to attempt to resolve disputes or to request an informal discovery conference with the court if the parties cannot resolve such minor disputes prior to filing such motions. GRANTED.