Judge: Maurice A. Leiter, Case: 24STCV14209, Date: 2025-01-24 Tentative Ruling

Case Number: 24STCV14209    Hearing Date: January 24, 2025    Dept: 54

Hearing Date: January 24, 2025

Department 54, Judge Maurice Leiter

Motion for Relief from Waiver of Objections

Moving Party: Plaintiff Rodrigo Solis

Responding Party: Defendant D.A.H., LLC

T/R:      PLAINTIFF’S MOTION IS DENIED.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

A party who waived its objections by failing to serve a timely response may be relieved of that waiver if the party subsequently serves a response in substantial compliance, and the party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (CCP § 2030.290(a).)

Plaintiff moves for relief from waiver of objections in response to Defendant’s discovery. Defendant served the discovery on July 30, 2024. Plaintiff’s counsel represents that the firm was going through major changes at the time, moving physical locations, case management systems and email servers, which caused counsel to miss the discovery. Counsel states that as soon as they learned of the discovery they reached out to Defendant’s counsel in September and served responses in October.

In opposition, Defendant asserts that counsel failed to comply with two extensions granted to Plaintiff after Plaintiff’s counsel found the discoveryCand failed to comply with their agreement that Plaintiff would not serve objections.

The Court declines to grant relief from waiver of objections. Plaintiff twice failed to serve responses in compliance with the extensions provided and previously agreed that responses would not include objections.

Plaintiff’s motion is DENIED.