Case Name: Katherine Schuelke, et al. v. Nexgen Builders, et al.
Case Number: 2014-1-CV-259153

Defendant D.J. Buena Vista brings this motion to compel Plaintiff Schuelke’s responses to Form Interrogatories, Set One; Demand for Inspection of Documents, Set One; and for monetary sanctions.

There appears to be no dispute that Plaintiff did not timely respond to discovery propounded by Defendant. What is disputed is the nature and extent of what Plaintiff describes as an open extension of time, to provide responses seven days prior to her deposition – which itself was continued multiple times upon Plaintiff’s request. The email and other correspondence between counsel and Plaintiff reflect several continuances of the deposition, as well as extensions of time related to the deposition schedule.

Code of Civil Procedure §§2030.270 and 2031.270 permit extensions of time to respond to discovery, if agreed by the parties, but only if such extensions are in “a writing that specifies the extended date for service of a response.” (§§2030.270(b), 2031.270(b))

The last written extension of time which specifies a date for responses extended Plaintiff’s time to respond to November 16, 2015. No other or further dates were specified in any writing. Even if the course of conduct between Plaintiff and counsel were construed as providing the open extension of time which Plaintiff claims, such an extension was clearly withdrawn by counsel when Plaintiff was informed of counsel’s intent to file a motion to compel. Plaintiff then had an opportunity to provide responses prior to the filing of the motion, but did not do so. Plaintiff’s tardy responses do not cure her failure to timely respond.

Defendant’s motion to compel is GRANTED. Plaintiff shall provide verified, complete responses – and produce all requested documents – without objections, no later than April 8, 2016.

Pursuant to CCP §§2030.290, 2030.300, 2031.290 and 2031.300 the Court awards monetary sanctions in favor of moving party, Defendant D.J. Buena Vista. Plaintiff Katherine Schuelke shall pay $1,290 to Defendant’s counsel no later than April 8, 2016. The Court has calculated reasonable sanctions based upon 4 hours of attorney time at $300 per hour, plus the filing fee for the motion of $90.