Weinstein v. Blumberg

RPB appealed from an order granting discovery sanctions after a motion to compel further responses to a deposition notice. In this case, BRI served a notice of motion and motion to compel within a statutory deadline, but did not serve any of the required supporting papers upon which the motion was based until 15 court days before the hearing. The Court of Appeal agreed with RPB that the motion was untimely. The court held that the 60 day deadline was mandatory and serving a notice of motion and motion to compel on December 6, 2016, without the supporting papers identified therein rendered the motion untimely. The court explained that there was no conflict between Code of Civil Procedure sections 1005 and 1010 in the context of section 2025.480, subdivision (b). Neither does the plain language of section 1010 allow for BRI’s interpretation that a notice of motion and motion alluding to other papers but not attaching them somehow satisfied section 1005.5. View "Weinstein v. Blumberg" on Justia Law