Judge Mark E. Windham, Case Number: 23STLC04730, Date: 2024-06-26 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

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Defendant Angela Diaz’s Motion for Relief from Waiver of Objections and Privileges to Demand for Production of Documents, Set One, is GRANTED.

Plaintiffs Ana Chic and Engeline Chic (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Angela Rodriguez (“Defendant”) on June 27, 2023. Defendant filed an Answer on November 17, 2023.

On April 19, 2024, Defendant filed the instant Motion for Relief from Waiver of Objections and Privileges to Demand for Production of Documents, Set One. No opposition has been filed to date.

Defendant moves for relief from waiver of objections and privileges to Request for Production of Documents, Set One, pursuant to Code of Civil Procedure section 2031.300, which states in relevant part:

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.

(Code Civ. Proc., § 2031.300, subd. (a).) In support of the Motion, defense counsel declares that following service of the Request for Production of Documents, Set One, on November 27, 2023, the attorneys agreed to multiple extensions of the time to respond while defense counsel located their client. (Motion, Nason Decl., ¶¶3-5.) The last agreed-upon deadline for service of responses by Defendant was February 16, 2024 but defense counsel needed one further extension to obtain verified responses. (Id. at ¶5,) However, the request for the final extension was inadvertently not emailed until the following business day, February 19, 2024. (Ibid.) On February 28, 2024, Defendant served verified responses in substantial compliance with sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. (Id. at ¶7 and Exh. 2.)

This evidence demonstrates that Defendant’s waiver of objections were the result of excusable neglect of defense counsel. (See Carli v. Superior Court (1984) 152 Cal.App.3d 1095, 1099.) Nor has Plaintiff made any opposition to this Motion. Therefore, the Court exercises its discretion under Code of Civil Procedure section 2031.300, to relieve Defendant from the waiver of objections.

Defendant Angela Diaz’s Motion for Relief from Waiver of Objections and Privileges to Demand for Production of Documents, Set One, is GRANTED.