Judge: Richard S. Whitney, Case: 37-2022-00037362-CU-BC-CTL, Date: 2023-08-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 23, 2023

08/25/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2022-00037362-CU-BC-CTL DICKERSON VS HYUNDAI MOTOR AMERICA [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO RESPOND WITHOUT OBJECTION TO REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE) is DENIED.

Plaintiff JOSHUA M. DICKERSON ('Plaintiff') served Defendant HYUNDAI MOTOR AMERICA ('Defendant') with the Requests for Production of Documents (Set One) via mail on January 17, 2023, to 'General Manager, Legal Counsel' at 10550 Talbert Avenue Fountain Valley, CA 92708. Defendant did not timely respond by February 21, 2023. Defendant's counsel represents that he was not served as he was retained on January 24, 2023. Defendant also notes that Plaintiff did not mention at the Case Management Conference on February 24, 2023, that Defendant had not responded to discovery.

Defendant's counsel represents that the discovery was not served to any individual who was authorized to accept service for Defendant, notwithstanding the fact Plaintiff personally served the complaint on Defendant's agent for service. On August 14, 2023, after attempting to meet and confer with Plaintiff's counsel, Defendant served responses to Plaintiff's Requests for Production, Set One.

Defendant requests the Court finds the service was not proper. Defendant also argues that, even if service were considered proper, the Court should grant Defendant relief from the waiver of objections under the circumstances. The Court agrees that, at a minimum, the Court should relieve Defendant from its waiver of objections under CCP section 2031.300 because Defendant has 'subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280' and Defendant's 'failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.' (Code Civ. Proc., § 2031.300(a).) Rather than waste more resources of the parties and the Court by requiring a further motion to relieve Defendant from its waiver of objections, the Court hereby grants Defendant relief under CCP section 2031.300. The motion is denied. Plaintiff is directed to thoroughly meet and confer with defense counsel before filing any motion to compel further responses.

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