2013-00150157-CU-PA

Dawn Dunn vs. John W Otter

Nature of Proceeding: Motion to Compel Production of Vehicle for Inspection

Filed By: Memmott, Kyle W.

Defendant’s motion to compel plaintiffs to produce their vehicle for inspection is
DENIED without prejudice.

At the outset, the Court must remind both counsel but especially plaintiffs’ counsel that
given the number of motions such as this which must be addressed on a daily basis,
there are simply not enough judicial resources available to resolve each and every
discovery dispute that could have and should have been resolved informally. This
serves to highlight the critical need for both counsel’s legitimate, reasonable and good
faith meet-and-confer efforts before filing any discovery motion. Although it dealt with
a motion to compel answers to deposition questions, the decision of Townsend v.
Superior Court (1998) 61 Cal.App.4th 1431 is instructive in that it clarifies that the meet
-and-confer process is not intended to be some perfunctory formality but rather it
“requires…a serious effort at negotiation and informal resolution.” (Id., at 1438.)

Defendant informally requested an opportunity to inspect plaintiffs’ vehicle and the
latter apparently agreed to this. However, when it came time for defendant’s expert to
weigh the vehicle, a dispute apparently arose relating to an appropriate and safe
location for this task and personal insults allegedly ensued. Defendant now seeks to
compel the production of the vehicle in order to weigh it. The motion is denied without prejudice since defendant admittedly failed to serve a
request for production in compliance with Code of Civil Procedure §2031.030 et seq.
and since plaintiffs never served a response pursuant §2031.210 et seq. Accordingly,
the Court declines on the present record to exercise its discretion to compel plaintiffs’
production of the vehicle pursuant to the authority found in §2031.320.

Nothing in this ruling is intended to preclude defendants from hereafter serving a
request for production/inspection of the subject vehicle pursuant to Code of Civil
Procedure §2031.030 et seq.

This minute order is effective immediately. No formal order or other notice is required.
(Code Civ. Proc. §1019.5; CRC Rule 3.1312.)