Case Number: KC058921    Hearing Date: August 11, 2014    Dept: O

Montelago Two Development Company, LLC v. Lee, et al. (KC058921)

1. Plaintiff-in-Intervention Lee’s MOTON TO COMPEL FURTHER RESPONSES BY MONTELAGO TWO DEVELOPMENT COMPANY LLC TO FORM INTERROGATORIES SET NO. ONE

2. Plaintiff-in-Intervention Lee’s MOTON TO COMPEL FURTHER RESPONSES BY MONTELAGO TWO DEVELOPMENT COMPANY LLC TO FORM INTERROGATORIES SET NO. ONE

3. Plaintiff-in-Intervention Lee’s MOTON TO COMPEL FURTHER RESPONSES BY MONTELAGO TWO DEVELOPMENT COMPANY LLC TO FORM INTERROGATORIES SET NO. ONE

4. Plaintiff-in-Intervention Lee’s MOTON TO COMPEL FURTHER RESPONSES BY MONTELAGO TWO DEVELOPMENT COMPANY LLC TO FORM INTERROGATORIES SET NO. ONE

Respondent: Plaintiff Montelago Two Development Company LLC (filed a joint opposition)

TENTATIVE RULING

1-4. Plaintiff-in-Intervention Lee’s motions to compel further responses to discovery are CONTINUED to allow counsel to engage in a meaningful meet and confer.

CCP 2030.300, 2031.310, and 2033.290 allow a party to file a motion compelling further answers to interrogatories, document requests and request for admissions if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP 2030.300(b); 2031.310(b); 2033.290(b).)

Meet and Confer: The motion to compel must also be accompanied by a declaration stating facts showing a ‘reasonable and good faith attempt’ to resolve informally the issues presented by the motion before filing the motion. (CCP 2030.300(b); 2031.310(b).)

Movant’s counsel contends she met and conferred with opposing counsel the afternoon the instant motions were filed, and that the parties could not resolve their dispute. (Skovholt Suppl. Decl., Pars. 2-8.)

Opposing counsel contends the parties did not adequately meet and confer because she was advised during the meet and confer telephone conversation that movant had already filed his motions to compel. (Winston, Decl., Par. 7.)

The so-called meet and confer under these circumstances was neither reasonable nor in good faith.

If the parties cannot resolve their dispute after such, and because Montelago Two Development Company, LLC did not address the substance of the underlying motions, this court is unable to address the discovery at issue. The motions are therefore CONTINUED to allow Respondent an opportunity to address the substantive issues.