Judge: Michael P. Linfield, Case: 19STCV45653, Date: 2022-09-15 Tentative Ruling
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Case Number: 19STCV45653 Hearing Date: September 15, 2022 Dept: 34
SUBJECT: Plaintiff Nicole Abramson’s
Motion for Relief from Waiver of Objections
Moving Party: Plaintiff
Nicole Abramson
Resp. Party: Defendants Anita Kovacic, Marine
View Management, Inc., BLK Properties, LLC
SUBJECT: Plaintiff Douglas Stork’s
Motion for Relief from Waiver of Objections
Moving Party: Plaintiff
Douglas Stork
Resp. Party: Defendants Anita Kovacic, Marine
View Management, Inc., BLK Properties, LLC
Plaintiff Nicole Abramson’s Motion
for Relief from Waiver of Objections is DENIED.
Plaintiff Douglas Stork’s Motion
for Relief from Waiver of Objections is DENIED.
I.
BACKGROUND
On December 17, 2019, Plaintiffs
Nicole Abramson and Douglas Stork filed a complaint against Defendants Anita
Kovacic, Marine View Management, Inc., and BLK Properties, LLC alleging the
following causes of action:
1.
Breach
of Implied Warranty of Habitability
2.
Negligence
3.
Breach
of Contract
On April 6, 2021, Plaintiffs Nicole
Abramson and Douglas Stork filed a First Amended Complaint against Defendants
Anita Kovacic, Marine View Management, Inc., and BLK Properties, LLC alleging
the same causes of action.
On July 28, 2022, Plaintiff Douglas
Stork moved the Court for an order granting relief from the wavier of
objections to Defendant Anita Kovacic’s Form Interrogatories, Set One and
Special Interrogatories, Set One (collectively “June 2021 Discovery”) served on
June 15, 2021. (Motion (Stork), p. 2:5-7.)
On July 28, 2022, Plaintiff Nicole
Abramson moved the Court for an order granting relief from the wavier of
objections to Defendant Anita Kovacic’s Form Interrogatories, Set One and
Special Interrogatories, Set One (collectively “June 2021 Discovery”) served on
June 15, 2021. (Motion (Abramson), p. 2:5-7.)
On August 29, 2022, the Court
granted Defendant Anita Kovacic’s Motions to Compel Plaintiffs Nicole Abramson
and Douglas Stork to Further Respond to Special Interrogatories, Set One, Nos.
12, 17, 18, 21, 22, 25, 28, 30, 32, 36, and 42. The Court denied Defendant
Anita Kovacic’s Motions to Compel Plaintiffs Nicole Abramson and Douglas Stork
to Further Respond to Special Interrogatories, Set One, Nos. 30, 44, 46, 48,
65, 67.
On September 1, 2022, Kovacic
opposed both Stork and Abramson’s waivers of objections to her June 2021
Discovery.
On September 9, 2022, Stork and
Abramson replied to Kovacic’s oppositions.
II.
ANALYSIS
A.
Legal
Standard
“If a party to whom interrogatories
are directed fails to serve a timely response, the following rules apply:
a.
The
party to whom the interrogatories are directed waives any right to exercise the
option to produce writings under Section 2030.230, as well as any objection to
the interrogatories, 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 2030.210, 2030.220, 2030.230, and 2030.240.
2.
The
party's failure to serve a timely response was the result of mistake,
inadvertence, or excusable neglect.” (CCP § 2030.290(a).)
B.
Discussion
On July 19, 2022, Kovacic moved the
Court for orders to compel further responses without objections to Form
Interrogatory No. 6.4 from Stork and Abramson. (MTCF (Abramson), filed July 19,
2022, p. 2:5-6; MTCF (Stork), filed July 19, 2022, p. 2:11-14.) The Court
granted these orders on August 16, 2022. (Minute Order, August 16, 2022, p. 2.)
On July 22, 2022, Kovacic moved the
Court for order to compel further responses without objections to Special
Interrogatories Nos. 12, 17, 18, 21, 22, 25, 28, 30, 32, 36, 42, 44, 46, 48, 65
and 67 set forth in Defendant Kovacic’s Special Interrogatories, Set No. 1.
(MTCF (Abramson-SRogs), p. 2:5-8; MTCF (Stork-SRogs), p. 2:5-8.) The Court
granted those orders as to Special Interrogatories, Set One, Nos. 12, 17, 18,
21, 22, 25, 28, 30, 32, 36, and 42 on August 29, 2022.
In effect, Plaintiffs are asking
the Court to reconsider its previous orders of August 16, 2022 and August 29,
2022. However, the motions before the
Court today are not motions for reconsideration under CCP §1008; even if they
were procedurally proper, they would be denied because there is no new facts or
law that would warrant reconsideration.
The Court declines to grant relief
from waiver of objections in the present case because the Court has previously
granted motions to compel further responses without objections on these
requests.
III.
CONCLUSION
Plaintiff Nicole Abramson’s Motion
for Relief from Waiver of Objections is DENIED.
Plaintiff Douglas Stork’s Motion
for Relief from Waiver of Objections is DENIED.