| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Motion To Compel Airbnb Defendants' Responses To Request For Production Of Documents
Matter on calendar for Friday, July 11, 2025, Line 9, PLAINTIFF ROSA MARTINEZ's Motion To Compel Airbnb Defendants' Responses To Request For Production Of Documents. 1 - Motion To Compel Airbnb Defendants' Responses To Request For Production Of Documents; Memorandum Of Points And Authorities; Declaration Of Jose Becerra In Support Moving Party: ROSA MARTINEZ, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SEBASTIAN MEJIA. Filed: Jun 02, 2025
Tentative Ruling: Plaintiff's motions to compel responses to the interrogatories and requests for production are denied without prejudice. Plaintiff's service of the discovery requests was proper since plaintiff "confirm[ed]" the proper email address by reasonably relying on Dawn Sestito's notice of appearance, which requested that documents be served at the adduced address. (Reply, Ex. B; CCP 1010.6(b)(3).)
In any event, defendant Airbnb, Inc. is entitled to relief from its failure to serve a timely response. A court may relieve a party of its waiver where (a) it subsequently serves a response to the demand; (b) its response "is in substantial compliance" with the statutory provisions governing the form and content of the response; and (c) "[t]he party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." (CCP 2030.290(a)(1)-(2); CCP 2031.300(a)(1)-(2)). Here, Airbnb, Inc. demonstrates a reasonable mistake regarding the email addresses. (Taylor Decl., pars. 3-5; Sesito Decl., pars. 3-4.) Airbnb, Inc. also represents that substantially compliant responses will be served by June 20, 2025, per the new discovery service date.
The motion is denied as moot as to Airbnb Travel, LLC since plaintiff dismissed it on October 10, 2023. Plaintiff's request for sanctions is denied. Both parties acted with substantial justification.
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