Judge: Kevin C. Brazile, Case: 24STCV20962, Date: 2024-11-08 Tentative Ruling

Hearing Date: November 8, 2024

Case Name: Redd v. Feldman, et al.

Case No.: 23STCV31118

Matter: Motion for Relief from Waiver of Objections

Moving Party: Defendant Tyson & Mendes, LLP

Responding Party: Plaintiff Latoya S. Redd 

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

This is an action in which Plaintiff Latoya S. Redd claims that Defendants failed to pay her $35,489.51 attorneys’ fee lien with settlement funds from case no. YC072873.  Redd asserts claims for (1) conversion, (2) intentional interference with prospective economic damage, (3) intentional interference with contractual relations, (4) breach of fiduciary duty, (5) common count, and (6) negligent interference with prospective economic damages.  

Defendant Tyson & Mendes, LLP now seeks relief from its waiver of discovery objections as to all of Plaintiff’s written discovery.  Defendant states it “has no record of receipt of this written discovery. Consequently, the due date for the responses was not logged into the TM calendaring system, and therefore, responses were not timely served.” 

Code Civ. Proc. §§ 2030.290(a), 2031.300(a), 2033.280(a) provide that the Court may relieve a party from its waiver of objection when “(1) The party has subsequently served a response that is in substantial compliance with [the Code of Civil Procedure, and] (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.”

The Motion is granted because substantially compliant responses have now been served and Defendant sufficiently indicates excusable neglect in having misplaced the subject discovery.

Moving party to give notice.