Judge: Joel L. Lofton, Case: 22AHCV00548, Date: 2024-02-22 Tentative Ruling

Case Number: 22AHCV00548    Hearing Date: February 22, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      February 22, 2024                                           TRIAL DATE: No date set.

CASE:                         PREF PASADENA COLLECTION, LLC, a Delaware limited liability company, v. PASADENA COLLECTION WEST PROPERTY OWNERS’ ASSOCIATION, a California mutual benefit corporation; and DOES 1 through 20, inclusive.  

CASE NO.:                 22AHCV00548

MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS

MOVING PARTY:               Defendant Pasadena Collection West Property Owners’ Association

RESPONDING PARTY:      Plaintiff Pref Pasadena Collection, LLC

SERVICE:                              Filed January 24, 2024

OPPOSITION:                       Filed February 5, 2024

REPLY:                                   Filed February 15, 2024

RELIEF REQUESTED

             Defendant moves for relief from waiver of objections to discovery responses.

BACKGROUND

            This case arises out of Plaintiff Pref Pasadena Collection, LLC’s (“Plaintiff”) claim that Defendant Pasadena Collection West Property Owner’s Association (“Defendant”) failed to abide by the Declaration of Establishment of Conditions, Covenants, and Restrictions (“CC&R”) for the Pasadena Collection West. Plaintiff filed this complaint on August 5, 2022, alleging three causes of action for (1) declaratory relief, (2) breach of fiduciary duty, and (#) breach of the covenant of good faith and fair dealings.

TENTATIVE RULING

            Defendant’s motion for relief from waiver of objections to discovery responses is GRANTED.

LEGAL STANDARD

“Code of Civil Procedure section 2031.300 provides: “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: [¶] (a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: [¶] (1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. [¶] (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.”

DISCUSSION

            Defendant moves for relief from waiver of objections. Defendant provides that it served Plaintiff’s requests for the production of documents via email on December 7, 2023. (Sandoval Decl. ¶ 2.) Defendant provides that its counsel belatedly found the email on January 10, 2024. (Id. ¶ 5.) Defendant provides it served responses after discovering the missed email. (Id. ¶ 9.) Defendant provides it also provided supplemental responses. ((Id. ¶ 10.)

            In opposition, Plaintiff contends that this motion should be denied because Defendant failed to strictly comply with the requirements of the statute regarding its objections. However, given the circumstances surrounding Defendant’s knowledge of the discovery requests and its attempts to provide two separate sets of responses, Plaintiff’s arguments are noted but rejected. Plaintiff is entitled to bring a motion for an order compelling further responses if it deems that Defendant’s responses are deficient.

CONCLUSION

            Defendant’s motion for relief from waiver of objections to discovery responses is GRANTED.

            Moving Party to give notice.

Dated:   February 22, 2024                                         ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  alhdeptx@lacourt.org